HKSAR v. SO CHI MING

HKSAR v. SO CHI MING

The appellate judge was satisfied, on the totality of the evidence including photographs and the officer's immediate conduct, that the magistrate's acceptance of the officer's account was not unsafe and the offence was proved beyond reasonable doubt; accordingly the conviction was upheld.

Citation
HKSAR v. SO CHI MING
Parties
Appellant/defendant: So Chi Ming; Respondent/prosecution: Department of Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 November 2007
Case Number
HCMA856/2007
Procedural Posture
Criminal Appeal Against Conviction Under Road Traffic (traffic Control) Regulations / Appeal Judgment (high Court)
Outcome
Appeal dismissed; conviction upheld.
Legal Topics
Red Light Offence, Credibility Assessment, Reasonable Excuse, Appeal on Factual Findings
Source Language
EN
Road Traffic Law Criminal Law Evidence Red Light Offence Credibility Assessment Reasonable Excuse Appeal on Factual Findings

Case Brief

Summary, issues, holding and outcome

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Parties

So Chi Ming

Appellant/defendant

Department of Justice

Respondent/prosecution

Procedural Posture

Criminal Appeal Against Conviction Under Road Traffic (traffic Control) Regulations / Appeal Judgment (high Court)

Legal Issues

  1. 1 Whether the defendant ran a red light
  2. 2 Whether the magistrate's credibility findings were open to appellate interference
  3. 3 Whether the defendant had a reasonable excuse (insufficient time to stop)

Ratio Decidendi

The appellate judge was satisfied, on the totality of the evidence including photographs and the officer's immediate conduct, that the magistrate's acceptance of the officer's account was not unsafe and the offence was proved beyond reasonable doubt; accordingly the conviction was upheld.

Court Disposition

Appeal dismissed; conviction upheld.

Orders

  • Appeal dismissed; conviction upheld.