Leung Siu Keung v The Queen

CourtCourt of Appeal (Hong Kong)
Judgment Date18 Sep 1974
Judgement NumberCACC427/1974
SubjectCriminal Appeal
CACC000427/1974 LEUNG SIU KEUNG v. THE QUEEN

CACC000427/1974

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

CRIMINAL APPEAL NO. 427 OF 1974

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BETWEEN
LEUNG SIU KEUNG Appellant
and
THE QUEEN Respondent

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Coram: Li, J.

Date of Judgment: 18th September, 1974

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JUDGMENT

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1. The appellant is convicted of careless driving. The charge is that on the 5th of September at about 5.25 p.m. in Hennessy Road junction with Heard Street, he drove a public omnibus on the road carelessly.

2. The evidence presented by the prosecution is brief, as are the findings by the learned magistrate. The reason given for the conviction is equally brief. There is no need to repeat the evidence before the learned magistrate, it is all contained in his statement of findings, at page 11 of the reocrd which can be read in full. In this he said:

"The defendant was driving a double decker omnibus in a westerly direction on Hennessy Road near Heard Street as shown on the defence sketch of the area. It was agreed that the prosecution's sketch was incorrect as it shows the tram-tracks are incorrectly drawn when approaching the narrow space between the tram-tracks and the traffic island. The defendant was driving slowly to allow a tram to proceed further in a westerly direction which would enable him to drive in between the tram-tracks and the traffic island."

Pausing at this stage I observe that it is agreed that this finding of fact is wrong because there is no evidence that the tram was preceding the bus in question. He continued in the statement by saying that:

" He was continuing at a speed of some 15 miles an hour when an old lady appeared crossing the road, the bus struck her and she died as a result of injuries received.
A witness for the prosecution, Miss KONG Wai-tong, was seated upstairs in the front seat. She saw the old lady crossing the street slowly and she said she feel the bus stopped naturally and there was no sudden stop. Nevertheless it was proved that the bus' left brake marks of 17 ½ feet and 18 feet. Mr. David Read, the motor vehicle inspector stated that these brake marks would indicate a speed of just less than 15 miles per hour by a double decker bus.
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3. The defendant elected not to give evidence.

I found no evidence of any fault attached to the old lady who was killed and consequently found the defendant guilty."

Again, pausing at this stage, the learned magistrate appeared to have founded the conviction for this reason and this reason alone.

4. Learned...

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