The Queen v. Lee Kim-hung

CACC000682/1983

BETWEEN

Coram: Hon. McMullin, V.-P. in court

Date: 23rd June, 1983

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JUDGMENT

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McMullin, V.-P. :

1. The appellant was convicted by a magistrate of disobeying traffic lights and he received a fine of $200 plus an order for payment of costs of $300.

2. Police constable 16944 described what he alleged he had seen on the morning of the 21st November 1982, at about 8:30 a.m. His evidence seems clearly to indicate that he was proceeding along Sung Wong Toi Road going north in the 4th lane of traffic. When he got to what he described as the junction of Fu Ning Street, presumably the junction of Fu Ning Street with Sung Wong Toi Road, the traffic lights had begun to change. He said that they were amber going to red. He said that the taxi driven by the defendant, was to his left in the 1st lane of the northbound traffic, that it was going at about 25 miles an hour, and that the lights changed to red when the taxi was still 40 feet away from the traffic lights. Instead of obeying the traffic lights he said the taxi accelerated and went across up Fu Ning Street.

3. The defendant's account of the matter is wholly different. He said that he was fourth in a line of traffic in Ma Tau Chung Road and that when the light changed he followed the other vehicles turning left into Fu Ning Street.  He presented to this court a sketch prepared by himself to indicate his line of travel and he tells the court that that was available at the trial but was not inspected by the magistrate. The magistrate in accepting the constable's evidence relied upon a sketch presented to the court and, as I understand it, prepared by the constable. This presents two difficulties, first of all, it misrepresents the juxtaposition of the various roads and junctions. It notes as Sung Wong Toi Road, a road which clearly is- when the official street map is consulted - not that road but Ma Tau Chung Road, the road upon which the defendant says he was travelling, and secondly it does not accord with the evidence that the driver of the taxi drove straight across the lights and up Fu Ning Street, because clearly upon the sketch which the policeman himself prepared, the driver was turning left into Fu Ning Street, coming from what the constable had misdescribed as Sung Wong Toi Road.

4. I am not satisfied that the magistrate was aware. of this difficulty in the evidence of the police constable. The maneuvre described by the constable is not consonant even with his own map and his appreciation of the layout of the streets is obviously wrong in view of the manner in which he has marked the names of the various roads.

5. On the other hand, the episode as alleged by the defendant is fully supported by his own sketch which is in accordance with the official road map and his evidence shows that he turned left into Fu Ning Street, having come from Ma Tau Chung Road.

6. Had the magistrate been aware of this difficulty, his decision might well have gone the other way. For these reasons the appeal will be allowed, the conviction set aside and the fines and costs paid will be returned to the appellant.

Representation:

Appellant in person.

J. Upchurch for Respondent/Crown.