THE QUEEN v. TSANG KWONG YIN

HCMA000094/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.94 of 1996

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BETWEEN
	THE QUEEN	Respondent
	AND
	TSANG KWONG YIN	Appellant

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Coram : Hon Duffy, J. in Court

Date of hearing : 15 February 1996

Date of handing down judgment : 29 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 imposed for offences of taking a conveyance without authority, driving without a valid driving licence and using a motor vehicle without Third Party Insurance. The Appellant was fined $2,000 for the first offence, $2,000 for the second offence and $3,000 for the third offence plus a disqualification for one year. It was really against the disqualification that he appealed.

2. The Motor Vehicle Insurance (Third Party Risks) Ordinance, Cap.272 allows a sentencing court a discretion in relation to the matter of disqualification, so long as special reasons exist. The circumstances of the offences were that the Appellant took his friend's motor-cycle without asking his permission, and drove it on a remote country road around about midnight. Probably he was more of a danger to himself than to anyone else at that time of night at that place.

3. I considered these to be special circumstances which allowed me to reduce the period of disqualification from 12 months to 3 months. The appeal was allowed accordingly.

Representation:

Mr P.S. Chapman, C.C., for Crown

Appellant : Tsang Kwong Yin in person

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