CHEUNG AH CHAP v. THE QUEEN
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CACC000208/1970
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 208 OF 1970
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| BETWEEN | ||
| CHEUNG Ah Chap | Appellant | |
| AND | ||
| The Queen | Respondent |
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Coram: Mills-Owens J. in Court.
Date of Judgment: 16 June 1970
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JUDGMENT
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1. In this case the appellant pleaded guilty to a charge under regulation 3(2) of the Road Traffic (Parking and Waiting) Regulations of causing a vehicle, a Public Light Bus, to wait within 50 feet of a bus stop; he was fined $50 and disqualified for 12 months, and the vehicle was ordered to be impounded. He now appeals against sentence.
2. It is conceded that, in the present state of the law, the order of impounding cannot be supported. The main object of the appeal however, is have the order of disqualification set aside. Mr. Gunston argues that it is not apparent that this was a driving offence and refers to the case of Lee Fat v. R. (Criminal Appeal No.59 of 1970) in which the learned Chief Justice set aside an order of disqualification made on a charge of using a vehicle for the carrying of an excess number of passengers, on the ground that under section 23 of the Road Traffic Ordinance (Cap.220) disqualification may be ordered only in the case of offences in connection with the driving of a vehicle.
3. The regulation under which the appellant was convicted states the offence in the alternative, namely 'cause or permit' the vehicle to wait. The appellant was charged in terms that he did 'cause' it to wait. Otherwise there is nothing on the record to indicate that he was the driver. However it appears to me that it is implicit in the form of the charge that he was the driver, so that section 23 of the Ordinance applied and he was liable to an order of disqualification. Having regard to his record it appears to me that the order of disqualification was justly deserved.
4. Accordingly the appeal is allowed only to the extent of setting aside the order of impounding.
| (Mills-Owens J.) | |
| 16th June, 1970. |
Representation:
Gunston for appellant.
Astin (Crown Counsel) for respondent.
Astin C.C. for Crown.
Appellant in person.
Oral judgment reduced into writing.