HKSAR v. Chan Tin Sui John Raymond

HCMA 814/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 814 OF 2012

(ON APPEAL FROM ESS 7253 OF 2012)

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J U D G M E N T

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1.This is an appeal against a conviction in the Magistrates’ Court upon an information of having, without reasonable excuse, failed to comply with the indication given by a red light when shown by light signals in accordance with regulations 16 and 17(1) of the Road Traffic (Traffic Control) Regulations.

2.The Appellant had admitted at the trial to committing the offence of failing to comply with the indication given by an amber light but denied that he had failed to comply with an indication given by a red light, and he disputed that the prosecution had proved that he had done so.

3.In her Statement of Findings, which runs to 63 paragraphs, the Magistrate gives her detailed reasons for convicting the Appellant of failing to comply with the indication given by a red light.

4.The Appellant has submitted at length that the Magistrate had erred in convicting at trial and in confirming the conviction upon review.  The Magistrate appears to have given careful consideration to what the Appellant said to her.  I have given careful consideration to what the Appellant has said to me.  Having done so, I find no basis for quashing this conviction.  The appeal is dismissed.

The appellant appeared in person

Mr Raymond Cheng, of the Department of Justice, for the respondent