香港特別行政區 訴 劉澍財

香港特別行政區 訴 劉澍財

P1 and P2 being statutory certificates under s9 were admissible and unrebutted; s6A precluded a further 3‑point reduction because appellant had already obtained such a reduction within two years; therefore the appellant had 16 demerit points within the relevant period and the conviction and the 6‑month disqualification under s8(3)(b) were correctly entered and must be upheld.

Citation
[2024] HKCFI 1050
Parties
答辯人: 香港特別行政區; 上訴人: 劉澍財
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 March 2024
Case Number
HCMA480/2023
Procedural Posture
Criminal Conviction Appeal (de Merit Points) / Appeal Hearing (rehearing)
Outcome
Appeal dismissed; conviction and 6‑month driving disqualification upheld
Legal Topics
Driver Disqualification, Demerit/penalty Points, Statutory Certificates as Evidence, Admissibility of Hearsay, Rehearing Standard of Review
Source Language
CH
Road Traffic Law Criminal Procedure Administrative Law Driver Disqualification Demerit/penalty Points Statutory Certificates as Evidence Admissibility of Hearsay Rehearing Standard of Review

Case Brief

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Parties

香港特別行政區

答辯人

劉澍財

上訴人

Procedural Posture

Criminal Conviction Appeal (de Merit Points) / Appeal Hearing (rehearing)

Legal Issues

  1. 1 Whether appellant accumulated 15 or more demerit points within the statutory two‑year period
  2. 2 Whether completion of a driving improvement course on 13/4/2018 entitled appellant to a further 3‑point reduction under s6A
  3. 3 Whether P1 and P2 are admissible and non‑hearsay evidence under s9

Ratio Decidendi

P1 and P2 being statutory certificates under s9 were admissible and unrebutted; s6A precluded a further 3‑point reduction because appellant had already obtained such a reduction within two years; therefore the appellant had 16 demerit points within the relevant period and the conviction and the 6‑month disqualification under s8(3)(b) were correctly entered and must be upheld.

Court Disposition

Appeal dismissed; conviction and 6‑month driving disqualification upheld

Orders

  • Appeal dismissed
  • Conviction for contravention of Cap.375 s8 affirmed