HKSAR v. Chan Tin Chee Jason

CACC 419/2013

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO. 419 OF 2013

(On Appeal From District Court Criminal Case No. 804 of 2013)

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BETWEEN

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D E C I S I O N

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1.I will grant the applicant bail pending appeal. The exact location of the collision is clearly a critical factor in deciding whether the applicant is guilty of dangerous driving. While the applicant had not kept a proper look out of the pedestrian when he proceeded to turn left to On Tak Road, the dangerous driving aspect is dependent on a large extent on whether one third of his car was on the west bound lane of On Tak Road or whether his car was within the east bound lane when the collision occurred. At the moment there is a reasonably arguable issue on the admissibility of PW2’s evidence that the collision took place at the former position. Bearing in mind a substantial part of the applicant’s sentence (the commuted sentence is 12 months and will be served in November 2014) will be served by the time of the appeal is heard between April and June this year, it is just that bail should be granted.

Ms Peggy Leung, SPP of Department of Justice, for the respondent

Mr Simon Westbrook SC and Mr Carl Yuen, instructed by Sun Lawyers, for the applicant