Ng Che Foon And Another v The Queen

Judgment Cited authorities (1) Cited in Precedent Map Related
Judgement NumberCACC393/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000393/1968 NG CHE FOON AND ANOTHER v. THE QUEEN

CACC000393/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 393 OF 1968

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BETWEEN
1. Ng Che Foon Appellants
2. Yan Lai Kam
and
The Queen Respondent

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Coram: Mills-Owens J. in Court.

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JUDGMENT

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1. The appellants were convicted (inter alia) of a breach of Regulation 29(2) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap.220) which provides as follows :-

"(2) No person shall drive, or use, or permit or suffer to be driven or used, for the carriage of passengers for hire or reward, any motor vehicle which is registered as a private car, as a private omnibus, as a goods vehicle or as a dual-purpose vehicle for use as a private car and as a goods vehicle."

According to an extract from the register maintained by the Commissioner under Reg.8 the motor vehicle was registered as "Dual purpose vehicle. Private car/goods". The question arises whether there is any such form of classification in law, or rather sub-classification.

2. The classification and sub-classification of vehicles for registration purposes is provided for by sec.2(2) and sec.4 (1)(a) of the Ordinance (Cap.220). Sec.2(2) lays down various "classes", including :-

"(j) dual purpose vehicles, 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."

Sec.4(1)(a) provides as follows :-

"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 subsection (2) of section 2 or any sub-division of any such-class;"

Clearly, this section contemplates sub-division, by regulations, of the "classes" laid down by section 2(2); sub-division both for registration and for licensing purposes.

3. Turning to the Regulations (the Road Traffic (Registration and Licensing of Vehicles) Regulations), the registration of motor vehicles is dealt with in Part I of those Regulations; licensing (generally) is dealt with in Part II. Nothing in Part I provides for a sub-division of the class "dual purpose vehicles ..." specified in section 2(2)(j) of the Ordinance, Regulation 8, in Part I, refers to the First Schedule to the Regulations which schedule specifies the particulars to be contained in the register to be maintained under Regulation 8. The particulars include an item "(xiii) classification of vehicle". No reference is made to any sub-division but that may not be material. Regulation 19, in Part II, refers to the Third Schedule for the ascertainment of the appropriate licensing fees. This Schedule contains an item as follows :-

"16. Dual purpose vehicles for use as -
a private car and as a goods vehicles; $480
a taxi and as a goods vehicle; $480
a public car and as a goods vehicles. $480"

On the face of it, a sub-division of the class (j) of section 2(2) has been provided for licence fee purposes but not for registration purposes. If that is the position then, as the Regulations stand, no offence is capable of arising under Regulation 29(2) for the reason that it assumes a sub-classification for registration purposes which does not exist in law. In Mak Dick Chung v. R.(1) to which...

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