Cheng Lap Kay v. The Queen

CACC000743A/1972

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 743 OF 1972

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Coram: Huggins, J.

Date of Judgment: 21st December, 1972.

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JUDGMENT

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1. This is another case which is affected by the decision of the Full Court in LEUNG Tak-kuen v. Reg. Cr. App. 630 of 1972. Although the learned magistrate did not say so in this case he has indicated in other cases his view that there was no power to limit the disqualification to private motor vehicles, and there is no reason to think he would not have limited his order had he considered that he had the power.

2. The offence was connected with the driving of a private motor car. The Appellant was insured, but not when using the vehicle for hire or reward. This also is a proper case for the limitation of the disqualification and the appeal is allowed, with an order accordingly.

21st December, 1972.

Representation: