Mak Dick Chung v The Queen

Judgment Cited in Precedent Map Related
Judgment Date19 April 1968
Year1968
Judgement NumberCACC112/1968
CourtCourt of Appeal (Hong Kong)
CACC000112/1968 MAK DICK CHUNG v. THE QUEEN

CACC000112/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 112 OF 1968

-----------------

BETWEEN
MAK DICK CHUNG Appellant

AND
THE QUEEN Respondent

Coram: Huggins, J.

Date of Judgment: 19 April 1968

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JUDGMENT

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Huggins, J.: The appellant was the driver of a dual purpose vehicle and was charged before the magistrate with having unlawfully carried in it passengers for hire or reward contrary to Regulation 29(2) of the Road Traffic (Registration & Licensing of Vehicles) Regulations. It was further alleged that he drove the vehicle without third party risks insurance which was valid when the vehicle was being so used.

2. The particulars of the first charge were as follows:-

"MAK DICK CHUNG, you are charged that on the 8th day of January, 1968, at Hennessy Road near Canal Road, East in this Colony, you did use for the carriage of passengers for hire or reward, a motor vehicle, namely, a dual purpose vehicle bearing the registration mark AF 6335 which was registered as a dual purpose vehicle."

No doubt advisedly the solicitor who represented the appellant before the learned magistrate took no point as to the validity of the charge and Mr. Hampton has therefore not sought to take any such point on the appeal: he has been content to argue the case as though the closing words of the particulars were "which was registered as a dual purpose vehicle for use as a private car and as a goods vehicle". That the particulars should have been so drafted is apparent when one considers the precise terms of Regulation 29(2), the material parts of which are as follows:-

"No person shall drive ...... for the carriage of passengers for hire or reward any motor vehicle which is registered ...... as a dual purpose vehicle for use as a private car and as a goods vehicle".

Mr. Hampton's argument has been that there was no evidence or no sufficient evidence that the appellant's vehicle was a dual purpose vehicle of the kind described in the Regulation.

3. At this stage it is convenient to examine the statutory provisions relating to dual purpose vehicles. Section 2(2) of the Road Traffic Ordinance lays down a classification of motor vehicles for the purposes of the Ordinance and Class (j) contains only "dual purpose vehicles". However, the Ordinance goes on to define dual purpose vehicles as follows -

"that is to say motor vehicles constructed or adapted for the carriage both of passengers and of goods or equipment in accordance with the provisions of any regulations made under this Ordinance".

It will be seen that sec.2(2) does not contemplate any further classification of motor vehicles but by sec.4(1) -

"The Governor in Council may by regulation prescribe or provide for - (a) the registration and licensing of motor vehicles within the classes stipulated in sub-section (2) of section 2 or any sub-division of any such class".

...

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