HKSAR v. Laut Jak Cheung Alaxander Edisan

HCMA 689/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 689 OF 2009

(ON APPEAL FROM KCS 13726/2009)

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BETWEEN

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Before:  Deputy High Court Judge Geiser in Court

Date of Hearing:  23 October 2009

Date of Judgment:  23 October 2009

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J U D G M E N T

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1.On 11 August 2009, the Appellant was convicted of an offence contained in a summons which charged him with crossing a road at the junction of Cheung Sha Wan Road and Nam Cheong Street and in doing so, failed without reasonable excuse to comply with the indication given by a red signal illuminated by a steady light as prescribed by Regulation 33(4)(a) Road Traffic (Traffic Control) Regulations contrary to Regulation 33(6) and 61(2) Road Traffic (Traffic Control) Regulations made under the Road Traffic Ordinance, Cap. 374, Laws of Hong Kong.

2.The facts of the incident as PW1, PC54061 testified to were that at about 10:55 a.m. on 3 April 2009, he observed the Appellant crossing Cheung Sha Wan Road and coming towards him.  The pedestrian light controlled crossing was showing red.  The officer stopped the Appellant and explained to him that he had committed an offence.

3.The Appellant testified in the court below and agreed that he had crossed the road when the pedestrian crossing light was showing red.  He said he crossed the road safely.  However, he went on to complain about the law relating to road traffic in Hong Kong and that only those who crossed the road dangerously should be prosecuted.

4.Before me to-day the Appellant repeats what he told the learned Magistrate in the court below.

5.Nothing that the Appellant said in evidence in the court below or before me to-day amounts to a “reasonable excuse” for the Appellant ignoring the red pedestrian light that he agrees was displayed at the time of him crossing this junction.  Accordingly this appeal against conviction is dismissed.

Ms Winsome Chan, Senior Public Prosecutor, of the Department of Justice, for the Respondent

The Appellant, in person