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Hksar v Man Chun Pun

Judgment Cited authorities 3 Cited in Precedent Map Related
Judgment Date07 November 2018
Neutral Citation[2018] HKCA 797
Judgement NumberCACC83/2018
Year2018
CourtCourt of Appeal (Hong Kong)

CACC 83/2018

[2018] HKCA 797

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 83 OF 2018

(ON APPEAL FROM DCCC NO 671 OF 2017)

_______________

BETWEEN

HKSARRespondent
and
MAN Chun PunApplicant

_______________

Before: Hon Zervos JA in Court
Date of Hearing: 1 November 2018
Date of Judgment: 7 November 2018

_______________

J U D G M E N T

_______________

1. On 23 January 2018, the applicant was convicted on his own plea before Judge Casewell (the judge) in the District Court of one charge of causing death by dangerous driving, contrary to section 36(1) of the Road Traffic Ordinance, Cap 374, (the RTO) (Charge 1), and one charge of causing grievous bodily harm by dangerous driving, contrary to section 36A of the RTO (Charge 2). On 12 March 2018, the judge sentenced the applicant on Charge 1 to 45 months’ imprisonment and disqualified him from driving for 5 years, with an order that he attend a driving improvement course within the last 3 months of the disqualification period, and on Charge 2 to 27 months’ imprisonment and disqualified him from driving for 2 years, with an order that he attend a driving improvement course within the last 3 months of the disqualification period. He ordered that the sentences be served concurrently which resulted in the sentence on Charge 1 reflecting the total sentence.

2. The applicant was the driver of a bus carrying 22 passengers which was involved in an accident as a result of his dangerous driving, causing the death of one passenger and very serious injuries to five other passengers.

3. At about 8:50 pm on 14 January 2017, the applicant was driving City Bus No. 681 from Ma On Shan to Central along Lei Yue Mun Road. The relevant section of this road consisted of four upslope lanes. The first and second lanes were bound for Kai Tin Road Roundabout, while the third and fourth lanes were bound for the Eastern Harbour Tunnel. There was a raised kerb ramp between the second and third lanes. The speed limit along Kwun Tong Bypass and along the kerb ramp on Lei Yue Mun Road was 70 kph which became 50 kph about 12 meters beyond the beginning of the ramp which was about 14 meters where the bus ended up after the accident.

4. The bus was travelling downslope from the first lane of the Kwun Tong Bypass Flyover Slip Road before moving into the second lane of Lei Yue Mun Road. The passengers on the bus said that it was travelling at high speed along the bypass and down the slip road, and the applicant had to apply the brakes of the bus suddenly twice during this section of the roadway. A driver of a private vehicle that was behind the bus was travelling at a speed of about 60 kph. He said he saw the bus veer towards the hatched road markings on its offside even though there were no other road users affecting the bus. The bus continued to travel for about two bus lengths before ramming into the kerb ramp. He said the speed of the bus was faster than that of his vehicle and he reduced his speed to 60 kph as he moved off the bypass onto the slip road. The offside front wheel of the bus crashed into the kerb ramp...

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