Leung Yiu-hei v. The Queen

CACC000921/1973

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 921 OF 1973

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Coram: Cons, J., in Court.

Date of Judgment: 4th January, 1974.

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JUDGMENT

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1. In this case the appellant pleaded guilty to driving a private car for hire or reward. He was fined and disqualified from driving private or public cars for a period of 12 months. The learned magistrate included the latter because he felt that they would provide the defendant with opportunities to operate them as white taxis. It is a sensible approach but one not allowed by the law. Section 23 of the Road Traffic Ordinance, to which Crown Counsel has drawn my attention, provides either for complete disqualification or for disqualification limited to the same class or description of vehicle with which the offence was committed. There is no in-between possibility. Accordingly I amended the disqualification to limit it with respect to private cars only.

Representation:

Appellant in person.

Corrigan, C.C., for Crown.