The Queen v. Chung Man-chi

CACC000888/1983

IN THE HIGH COURT OF HONG KONG

(Appellate Jurisdiction)

Criminal Appeal No. 888 of 1983

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Between

Coram: Hon. Penlington, J. in Court

Date: 22nd July, 1983

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JUDGMENT

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1. This appeal is in relation to a charge of driving under the influence of drugs or drinks where the appellant was disqualified the mandatory period of 12 months in the absence of special reasons.

2. It has been argued forcibly for the appellant that in fact there were special reasons here. I regret I am unable to see any. The road was wet and it was raining. Those are factors which the appellant should have taken into account. The appellant pleaded guilty and co-operated with the Police. He is a professional driver and has a family dependant on him. I don't see that those are special reasons, certainly not special reasons anything like those set out in Sub-section 3 of the Ordinance.

3. The appellant's blood alcohol content was 260 milligrammes per 100 millilitres. That is a very high count indeed and I think I am entitled to take notice that must have a factor affecting his ability to drive. I am satisfied that the collision which took place which could have caused quite serious injury was substantially due to this high blood alcohol content. I am satisfied that the magistrate was quite right in finding there was no special reasons here and the appeal must be dismissed.

Representation:

B.M. Ryan S.C.C. for Crown.

Paul Kwong of Hastings & Co. for the appellant.