Western Harbour Tunnel Co Ltd v. Hung Kin Ming

[English Translation]

HCMA 814/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 814 OF 2004

(On appeal from KTCC 7375 of 2004)

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BETWEEN

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Coram: Deputy High Court Judge Pang in Court

Date of Hearing: 16 September 2004

Date of Judgment: 16 September 2004

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JUDGMENT

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1.The appellant was convicted after trial of “speeding”, contrary to Sections 7 and 28 of the Western Harbour Crossing Bylaw, made under the Western Harbour Crossing Ordinance, Cap. 436.  He was fined $1,200 and disqualified from holding or obtaining a driving licence for a period of 6 months.   The appellant now appeals against the disqualification order. 

2.The appellant’s contention is simply that, in the recent case of HKSAR v. Lau Yin Chun Lucilla, HCMA 444/2004, it was held that, apart from imposing a fine, neither the Western Harbour Crossing Ordinance nor its Bylaw have empowered magistrates to disqualify an offending driver from holding or obtaining a driving licence.  Moreover, the power conferred by Section 69(1) of the Road Traffic Ordinance, Cap. 374 upon magistrates is not exercisable in this type of cases.  see the reasons for the decisions are set out in the judgment of Lau Yin Chun Lucilla and it is not necessary for me to repeat them here.

3.It has to be pointed out that, in his written judgment, the magistrate has already indicated his acceptance of the appellant’s contention.  Neither has the representative of Western Harbour Crossing Co. Ltd. taken issue with that contention.  I also concur with the judgment of the relevant case which I have had the benefit of reading.

4.I now allow the appeal and set aside the order of disqualification from holding or obtaining a driving licence for 6 months.  The fine is not disturbed.

Mr. Tse Kai Bor of Pang, Wan and Choi, for the Appellant

Mr. Philip Tang of Hampton, Winter and Glynn, for the Respondent

Translated by the Judgment Translation Unit of the Judiciary and approved by Mr. Edmund Cham, Solicitor