THE QUEEN v. WONG YUN WING

HCMA000059/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 59 OF 1996

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BETWEEN
	THE QUEEN	Respondent
	AND
	WONG YUN WING	Appellant

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Coram : Hon. Duffy, J. in Court

Date of hearing : 2 February 1996

Date of handing down judgment : 7 February 1996

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J U D G M E N T

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1. This was an appeal against a sentence of a fine and a disqualification for 12 months for driving without third party insurance. The Appellant was driving his employer's vehicle, having been instructed to do so. He submitted to me on the appeal that had he not obeyed his employer's instructions he would have been sacked. He further submitted that he was not aware that the insurance policy for the vehicle did not cover himself as a driver.

2. I felt that a special reason could be constructed in this case from the fact that the Appellant was in an employee/employer situation. It was the employer's responsibility in the main to determine whether or not the Appellant was qualified and insured to drive his vehicle. I felt that in all the circumstances I could allow the appeal and reduce the disqualification period to one of six months.

Representation:

Mr W.S. Cheung, SACP, for Crown

Appellant Wong Yun Wing in person.

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	(J.M. Duffy)
	Judge of the High Court