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Magistracy Appeal1992

THE QUEEN v. LAM TAK KIN

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34590-EN-1992-05-05

THE QUEEN v. LAM TAK KIN

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HCMA000217/1992

IN THE SUPREME COURT OF HONG KONG

( Appellate Jurisdiction )

MAGISTRACY APPEAL NO. 217 OF 1992

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BETWEEN

THE QUEEN

Respondent

AND

LAM TAK KIN

Appellant

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Coram: Hon. Bewley J. In Court

Date of hearing: 5 May 1992

Date of delivery of judgment: 5 May 1992

 

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J U D G M E N T

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1. The appellant was convicted of careless driving by Mr Li at San Po Kong Magistrates Court. He was fined $2,000 and disqualified for 12 months. He now appeals against the latter order, having abandoned his appeal against conviction.

2. It was a bad case of careless driving; indeed the magistrate took the view that the charge should have been reckless driving. A KMB bus was pulling out of a bus stop when the appellant turned left across its front, causing the bus driver to brake sharply, which in turn caused a head injury to a passenger who had just boarded.

3. The appellant however does not have a bad traffic record. He has one previous conviction for driving without licence and insurance in 1982. In these circumstances I feel the disqualification period is too long. The appeal is allowed and the disqualification reduced to three months.

(E. de B. Bewley)
Judge of the High Court

Representation:

Miss M. Ip, Senior Crown Counsel, for Crown

Appellant in person