R. v. LEE SIU KEUNG, EDMOND
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HCMA000115/1997
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL No.115 OF 1997
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| BETWEEN | ||
| THE QUEEN | Respondent | |
| AND | ||
| LEE SIU KEUNG, EDMOND | Appellant |
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Coram: Hon Sears, J. in Court
Date of hearing: 15 May 1997
Date of judgment: 15 May 1997
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J U D G M E N T
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1. Driving cases are normally issues of fact for the magistrate to decide. There are, however, a number of points which the appellant has very properly raised.
2. But from the notes of verdict, the magistrate made a site visit not in the presence of the appellant, nor indeed the prosecution. This is a material irregularity - magistrates are not permitted to acquire evidence which is not open to challenge by a defendant.
3. The Crown does not oppose this appeal which is therefore allowed.
| (R.A.W. Sears) Judge of the High Court |
Representation:
Mr Joseph To, S.C.C., for Crown/Respondent
Appellant: in person