HKSAR v. Chow Shing Hing

DCCC751/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 751 OF 2009

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to three charges, those being dangerous driving, contrary to section 37 of the Road Traffic Ordinance, Cap. 374, driving whilst disqualified, contrary to section 12(2)(b) of the Road Traffic (Driving-Offence Points) Ordinance, Cap. 375, and using a motor vehicle without third party insurance, contrary to sections 4(1) and 4(2)(a) of the Motor Vehicles Insurance (Thirty Party Risks) Ordinance, Cap. 272.

2.The amended Summary of Facts, which you have admitted, indicate that at 8.30 in the morning of 22 January of this year, patrolling police saw you execute a U-turn along Tin Ping Road whilst you were driving your taxi.  At that point of the road, a U-turn is forbidden as the road is separated by double white lines.  The police switched on their beacon lights and directed you to stop through the loud hailer, which you ignored.

3.You were eventually stopped.  And when PW1 - that is PC487 - asked for your driver’s licence, you took out your Hong Kong ID card but did not hand it to the officer directly, so the officer stretched his arm through the window of your taxi, at which point you accelerated away with PW1’s arm trapped in the window, dragging PW1 along with you for a distance of up to 12 metres before you stopped due to a traffic jam.

4.Another police officer, PC51319, arrested you.  And on arrest, you admitted that you were the subject of a disqualification order, which itself triggered the 3rd charge of driving without third party insurance.

5.You are 49 years of age, married and, despite a poor driving record, did have a clear criminal record prior to the commission of these offences.  You are an ex-police officer yourself and will no doubt be well aware of the seriousness of these offences.  The circumstances of the 1st charge of dangerous driving are particularly serious as you put at risk the life of PW1 who was trying to apprehend you.  It is very fortunate indeed that PW1 was not more seriously injured.

6.In sentencing you, I take into account all that has been said on your behalf by way of mitigation, but due to the seriousness of these offences, a custodial sentence is inevitable despite your clear record.

7.On the first count, I take as my starting point a sentence of 15 months’ imprisonment, which will be discounted by one-third to take account of your plea of guilty, coming to a sentence of 10 months’ imprisonment on count 1.  On count 2, I adopt as my starting point a sentence of 6 months’ imprisonment, which will be deducted by one-third, coming to 4 months’ imprisonment, which is ordered to run consecutively to the sentence on count 1.  On count 3, once again, I adopt as my starting point a sentence of 6 months’ imprisonment, which is similarly discounted by one-third, coming to 4 months’ imprisonment.  This I order to run concurrently with the sentence on counts 1 and 2.

8.In addition, you will be disqualified from holding or obtaining a driving licence in relation to all classes of vehicles for a period of two years.  The total period of imprisonment is, therefore, 14 months’ imprisonment.