HKSAR v. Lau Shing Chung Simon

HCMA 429/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 429 OF 2010

(ON APPEAL FROM TWS 6155 of 2009)

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Before: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 24 August 2010

Date of Judgment: 24 August 2010

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J U D G M E N T

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1.This Appellant appeared in the Magistrates’ Court on a charge of dangerous driving. He was convicted after trial of the lesser offence of careless driving, and he now appeals against that conviction.

2.In his notice of appeal, the Appellant wrote: “Conviction is unsafe”.  The Appellant has submitted detailed written submission in support of his appeal and, before me today, he expanded on them.

3.The Magistrate has, in my opinion, approached her task with care.  It is contended by the Appellant that the Magistrate’s reliance on his disputed admissions to the second prosecution witness was unsafe.  I do not accept that.  In any case, the conviction is not at all dependent on that admission.

4.There were good reasons why the Magistrate did not feel sure that the Appellant’s driving was dangerous, but that it was careless.  Her finding that it was careless is supported by the evidence, and I find nothing unsafe in how she arrived at it.

5.Accordingly, the appeal is dismissed.

Appellant, in person

Ms Eva Chan, of the Department of Justice, for the Respondent