CHOI TANG FONG v. THE QUEEN
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CACC000721/1972
IN THE SUPREME COURT OF HONG KONG
(APPELLATE JURISDICTION)
CRIMINAL APPEAL NO. 721 OF 1972
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| BETWEEN | ||
| CHOI TANG FONG | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Huggins, J.
Date of Judgment: 21st December, 1972.
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JUDGMENT
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1. This is an appeal against sentence. The Appellant was convicted after a trial of offences of driving a vehicle registered as a private car for the carriage of passengers for hire or reward and of using a motor vehicle without third party insurance. The Appellant did have a policy of insurance but it did not cover the vehicle when it was being used for the carriage of passengers for hire or reward. Upon conviction he was fined $50 on the first charge and $100 on the second charge. As required by the Motor Vehicles Insurance (Third Party Risks) Ordinance he was further disqualified for a period of twelve months. The Appellant applied to the learned magistrate for a review and asked what the disqualification be limited to one class of vehicle. The learned magistrate was of opinion that he had no power to limit the disqualification but in the circumstances he reduced the fine on the second charge from $100 to $50.
2. It has now been decided by the Full Court in LEUNG Tak-kuen v. Reg. Cr. App. 630 of 1972 that the Ordinance does enable a magistrate to limit the disqualification to one class of vehicle. In all the circumstances I think it is appropriate in the present case that the disqualification should be so limited and the appeal is allowed to that extent. Counsel for the Crown does not suggest that the original fine imposed on the second charge should be restored, and I entirely agree.
21st December, 1972.
Representation: