LEUNG YUK-YIN v. THE QUEEN

CACC000381/1978

 

IN THE SUPREME COURT	Criminal Appeal
	1978 No.381

 

BETWEEN:
	LEUNG Yuk-yin	Appellant
	and
	THE QUEEN	Respondent

Coram: Briggs, C.J.

Date of Judgment: 20th May, 1978.

 

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JUDGMENT

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1. The appellant, a taxi driver, was convicted of refusing to carry a passenger for hire without reasonable excuse contrary to regulations 27(b) and 44(1) of the Road Traffic (Taxis, Public Omnibuses, Public Light Buses and Public Cars) Regulations made under the Road Traffic Ordinance (Cap.220). He was fined $400. He appealed against his conviction and sentence.

2. Two police officers on plain clothes duty saw the taxi of the appellant stationary and allegedly parked near the public lavatory which is situated near to the Hong Kong Macau ferry pier. The flag of the taxi was up. The police officers boarded the taxi and asked the appellant, who was in the driver's seat, to drive them to an address in North point. This he refused to do.

3. That was the case for the prosecution. The appellant told a very different story. It is unnecessary to set it out as the magistrate stated in his findings that he believed the account of the incident given by the police officers.

4. Presuming that account is correct, this conviction cannot stand. The police officers had no right to pick up a taxi at that spot. It was in evidence that it was not a taxi stand though it was close to one. The taxi was stationary and no one had just alighted from it. In those circumstances, the appellant, in my view, had a reasonable excuse to refuse to drive the would-be passengers. If he had obeyed their directions he might well have exposed himself to a charge of soliciting for passengers or for some other offence under the regulations.

5. It is only fair to state that this point was not relied upon by the appellant here or in the court below. Though he prosecuted his appeal with vigour, he was unrepresented both here and below.

6. In the event, the conviction is quashed and the sentence set aside. If the fine has been paid it must be returned to the appellant.

 

 

	(Geoffrey Briggs)
	Chief Justice.

 

Representation:

Appellant in person

Marash for the Crown/Respondent