Mak Kam Tin v The Queen

Judgment Cited in Precedent Map Related
Judgment Date09 October 1968
Year1968
Judgement NumberCACC534/1968
CourtCourt of Appeal (Hong Kong)
CACC000534/1968 MAK KAM TIN v. THE QUEEN

CACC000534/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO.534 OF 1968

(Central Magistracy, Case No. S-23185 of 1968)

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BETWEEN
MAK KAM TIN Appellant
AND
THE QUEEN Respondent

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Coram: Briggs J.

Date of Judgment: 9 October 1968

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JUDGMENT

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1. This is an appeal against sentence. The appellant was found guilty of neglecting to obey the orders of a police officer in uniform while driving a vehicle contrary to section 19(1)(a) of the Road Traffic Ordinance.

2. On the evening of May 9th 1968 the appellant was driving a small truck. A constable signalled him to stop because it appeared to him that the vehicle was overloaded with passengers. The appellant neglected to obey the signal. The constable recorded the number of the vehicle in his note book and the appellant was prosecuted.

3. For this he was sentenced to a fine of $100 and he was disqualified for holding a driving licence for six months. This is a severe penalty as the appellant is a professional driver.

4. In the certified copy of the proceedings it is recorded that the appellant had 19 previous convictions for the offence of carrying an excessive number of passengers and one previous conviction for careless driving. In a copy of the proceedings supplied to the solicitor for the appellant this is given as 10 previous convictions an obvious typing slip. In fact the magistrate did take into consideration 19 and not 10 previous convictions whereas it would appear that the appellant has been convicted no less than 28 times for that offence. These offences have all been committed since August 1967. And in no case has the fine imposed exceeded seventy dollars. The maximum penalty for that offence is $1,000 and imprisonment for 6 months. It obviously pays the appellant to carry excess passengers and to pay the fine when caught - the fine being a mere 30-70 dollars. He has shown a total disregard of that aspect of the law and if he is convicted of carrying excess passengers again I hope that the prosecution will draw the attention of the magistrate to this.

5. But is it right that such offences should be taken into consideration when as in this case he is found guilty of neglecting to obey the signal of a...

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