THE QUEEN v. CHAU LAI-CHING

BETWEEN: -

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Coram: The Honourable Mr. Justice Jones in Court.

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JUDGMENT

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1. This is an appeal by the Crown by way of case stated.

2. On the 31st August 1983 the respondent who was unrepresented pleaded guilty to a charge of dangerous driving causing death contrary to s. 11(3) of the Road Traffic Ordinance and admitted the facts.

3. However, the learned Magistrate refused to accept the respondent's plea of guilty and reduced the charge to one of careless driving.   He purported to do so pursuant to the provisions of s. 11(7) which provides -

"On the trial of any person for an offence under subsection (1) or (3), the court or magistrate may acquit him of that offence and may find him guilty of an offence under section 14 (which relates to careless driving)."

The question of law stated by the learned Magistrate is:-

"Whether I was wrong in law to amend the charge of dangerous driving causing death to one of careless driving in the present case."

Quite clearly the learned Magistrate had no jurisdiction to amend the charge under these circumstances.  If he was not prepared to accept the respondent's plea of guilty on the admitted facts he should have entered a plea of not guilty and proceeded to hear the evidence.  Only at the conclusion of the trial if he had acquitted the respondent could he then reduce the charge to careless driving. Accordingly the question of law that arises is answered in the affirmative. The case is therefore remitted to the learned Magistrate to proceed with the charge of dangerous driving causing death.