Sin Kit Sang v Hksar

CourtCourt of Final Appeal (Hong Kong)
Judgment Date25 Jul 2006
Judgement NumberFAMC30/2006
SubjectMiscellaneous Proceedings (Criminal)
FAMC000030/2006 SIN KIT SANG v. HKSAR

FAMC No. 30 of 2006

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 30 OF 2006 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 1225 OF 2005)

_______________

Between

  SIN KIT-SANG Applicant
  and  
  HONG KONG SPECIAL ADMINISTRATIVE REGION  Respondent

_______________

Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing : 25 July 2006

Date of Determination : 25 July 2006

_________________________

D E T E R M I N A T I O N

_________________________

Mr Justice Chan PJ:

1. In support of his application for leave to appeal against the conviction of dangerous driving causing death on the substantial and grave injustice limb, the Applicant relies on 3 grounds of appeal.

2. We are not persuaded that any of these grounds are reasonably arguable.

3. We are not satisfied that the trial magistrate had wrongly misused the Road Users' Code or wrongly admitted or relied on the evidence of the expert witness called by the prosecution or that the magistrate was not entitled on the evidence to find that the applicant's driving fell far below that of a competent and careful driver and that it would be obvious to such a driver that such manner of driving was dangerous in the circumstances. The application is dismissed.

(Kemal Bokhary)
Permanent Judge
(Patrick Chan)
Permanent Judge
(R A V Ribeiro)
Permanent Judge

Mr Daniel Marash, SC (instructed by Messrs Hau, Lau, Li & Yeung) for the Applicant

Miss Mary Sin (of the Department of Justice) for the Respondent

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT