Cheung Kam Kuen v. The Queen

CACC000790/1983

BETWEEN

Coram: Jones J.

Date: 19th July, 1983.

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JUDGMENT

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1. The appellant who is deaf and dumb pleaded guilty to a charge of careless driving at the North Kowloon Magistracy on the 23rd May 1983. He was fined $400 and disqualified from driving until he has passed another driving test. The appellant appeals against the sentence of disqualification.

2. The facts reveal that on the 1st September 1982 at about 8.30 p.m. the appellant drove a car into Yen Chow Street in contravention of a No Entry sign. He was seen by a police officer who was driving a motor cycle. The police officer tried to stop the appellant, but in the course of overtaking the appellant's car the appellant moved to the right which resulted in the police officer swerving in the same direction causing him to fall from the motor cycle. The police officer received a slight injury, and there was some damage to the motor cycle. However, no specific details of these matters were placed before the Court.

3. Although the facts show that the police officer switched on the blue light on his motor cycle to attract the attention of the appellant there was no evidence that a siren was used. Nevertheless, it appears that the learned magistrate having regard to his decision assumed that a siren had been sounded which had not been heard by the appellant. However, in the absence of proof to support such a finding there were no grounds to suggest that the appellant's ability to drive was impaired as a result of his medical condition.

4. As a result, I allowed the appeal limited to the removal of the disqualification and the requirement to take another driving test.

Representation:

Mr. Petrus Chan (Ronald Ho & Co.) for Appellant.

Mr. J.S. Conyngham (Legal Department) for Crown/Respondent.