To Kiu v The Queen

Judgment Cited authorities (2) Cited in Precedent Map Related
Judgment Date31 July 1968
Judgement NumberCACC322/1968
Year1968
CourtCourt of Appeal (Hong Kong)
CACC000322/1968 TO KIU v. THE QUEEN

CACC000322/1968

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 322 OF 1968

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

BETWEEN
TO KIU

Appellant
AND
THE QUEEN

Respondent

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

Coram: Mills-Owens, J.

Date of Judgment: 31 July 1968

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

JUDGMENT

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

1. The appellant was convicted in the Magistrate's Court on two charges, namely (1) soliciting persons for hire or reward to travel in a vehicle registered as a private car, contrary to Regulation 29(3) of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap.220), and (2) using the vehicle, without third-party risks insurance, contrary to section 4(1) of the Motor Vehicles (Third Party Risks) Ordinance (Cap.272).

2. The only evidence adduced was that of police sergeant to the effect that the appellant was seen and heard to solicit persons to travel in the car for payment, that the car bore a licence disc indicating that it was registered as a private car, and that it also bore number plates having numbers or 'marks' of the type assigned by the Regulations to private cars. In particular, no evidence was adduced, to prove registration as a private car, under Regulation 8(3) which permits the production of copies of extracts from the register as prima facie proof, nor was any evidence led concerning insurance. The evidence of the police sergeant was fully accepted by the learned Magistrate and the appellant rested simply on a legal submission that the case was not proved in respect of either charge.

3. Dealing with the matter of the licence disc I think that if the sergeant were to be regarded as giving evidence of the statement contained on the disc, namely that it was issued in respect of a private car, in order to prove that it was a private car, ...(illegible) of considerable difficulty in the law of evidence would arise - that is to say whether his evidence was hearsay. I would refer hereon to the cases of Myers v. D.P.P.(1), Patel v. Comptroller of Customs(2) and Comptroller of Customs v. Western Lectric Co. Ltd.(3) which will illustrate my meaning. (I should perhaps add, in passing, that the effect of the decision in Myers' case(1) is now offset, in Hong Kong, by the new section 23A recently added to the Evidence Ordinance (Cap.8), but only...

Get this document and AI-powered insights with a free trial of vLex and Vincent AI

Get Started for Free

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

Unlock full access with a free 7-day trial

Transform your legal research with vLex

  • Complete access to the largest collection of common law case law on one platform

  • Generate AI case summaries that instantly highlight key legal issues

  • Advanced search capabilities with precise filtering and sorting options

  • Comprehensive legal content with documents across 100+ jurisdictions

  • Trusted by 2 million professionals including top global firms

  • Access AI-Powered Research with Vincent AI: Natural language queries with verified citations

vLex

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