LAU CHIU-KWAN v. THE QUEEN

CACC000729/1972

 

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

 

CRIMINAL APPEAL NO. 729 OF 1972

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BETWEEN
	LAU Chiu-kwan	Appellant
	and
	THE QUEEN	Respondent

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Coram: Huggins, J.

Date of Judgment: 17th November, 1972.

 

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JUDGMENT

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1. The Appellant was charged before the magistrate with driving a private car for the carriage of passenger for hire or reward and for using a motor vehicle without Third Party Insurance. The second charge was dependent upon a conviction of the first charge.

2. There was, in my view, clear evidence. Counsel has appeared on behalf of the Appellant and has very properly indicated that after due consideration he is unable to advance any arguments in support of the appeal. The Appellant was seen by a police officer driving a car: it stopped near him and the driver asked if the police officer wanted a car: he said he did and asked "How much to Tsim Sha Tsui Railway Station?": the answer was "Any amount will do": he climbed in and he was driven to the Railway Station: he there asked "How much?" and the reply was "$2.00": he handed over a $5 note and before the change was given the driver was arrested.

3. The Appellant cross-examined the officer on the basis that he knew his passenger was a police officer and, as he said, gave a lift because it suited him. The Appellant, however, did not see fit to go into the witness-box and give any evidence in support of that contention and he did not call any witnesses.

4. The learned magistrate considered the terms of the insurance policy and he was quite satisfied that the story told by the police officer was true and that the terms of the insurance policy did not cover the journey made while the vehicle was being used for the carriage of passengers for hire or reward. In those circumstances he had no alternative but to convict and this appeal must be dismissed.

 

17th November, 1972.

 

Representation: