Tam Sek-luen v. The Queen

CACC000721/1974

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 721 OF 1974

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Coram: Briggs, C.J.

Date of Judgment: 21st September, 1974.

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JUDGMENT

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1. In this case the appellant was found guilty of an offence contrary to Regulation 34(2) of the Road Traffic Taxis, Public Omnibuses and Public Cars Regulations. The offence was that of being a driver of a public car solicited persons to make use of his car. He appealed against his conviction.

2. One of the witnesses called in the court below was a woman police constable. I was told from the Bar that the appellant, who was unrepresented in the court below wished to put the contents of this police officer's notebook to her in cross-examination but was not allowed to do so. I do not think that this was right. Mr. Fok for the appellant wished to call evidence of the contents of the notebook before me during the hearing of the appeal but since that evidence was not available to the appellant in the court below I did not think that this would be right either.

3. I think that the proper course to take is to order this case to be retried. I therefore set aside the conviction and order that there should be a retrial.

Representation:

P. Fok (Sousae & Co) for Appellant.

Donaldson, c.c., for Crown/Respondent.