THE QUEEN v. YIP LAM ON AND ANOTHER

THE QUEEN v. YIP LAM ON AND ANOTHER

The magistrate's acceptance of PC275's identification and finding that the appellants' accounts were deliberate lies provided sufficient and rational grounds to convict for the traffic offences and for perverting the course of public justice; charging under s.42 Cap.374 was not fatal because s.8(7) Cap.375 rendered...

Source-derived case information.

Citation
THE QUEEN v. YIP LAM ON AND ANOTHER
Parties
Respondent: THE QUEEN; 1st Appellant: YIP LAM ON; 2nd Appellant: IP WING LAM
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 November 1989
Case Number
HCMA1048/1989
Procedural Posture
Magistracy Criminal Appeal / Appeal Heard and Judgment Delivered
Legal Topics
Driving Without a Licence, Driving While Disqualified, Seat Belt and Insurance Offences, Perverting the Course of Public Justice, Identification Evidence and Turnbull Warning, Credibility Findings and Appellate Review
Source Language
en
Criminal Law Road Traffic Law Evidence Law Criminal Procedure Driving Without a Licence Driving While Disqualified Seat Belt and Insurance Offences Perverting the Course of Public Justice +2 more

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Summary, issues, holding and outcome

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Parties

THE QUEEN

Respondent

YIP LAM ON

1st Appellant

IP WING LAM

2nd Appellant

Procedural Posture

Magistracy Criminal Appeal / Appeal Heard and Judgment Delivered

Legal Issues

  1. 1 Whether charging under the wrong statutory provision was fatal to the conviction
  2. 2 Whether a Turnbull warning on identification was required
  3. 3 Whether the magistrate improperly weighed defence against prosecution evidence

Ratio Decidendi

The magistrate's acceptance of PC275's identification and finding that the appellants' accounts were deliberate lies provided sufficient and rational grounds to convict for the traffic offences and for perverting the course of public justice; charging under s.42 Cap.374 was not fatal because s.8(7) Cap.375 rendered any prior licence ineffective and the prosecution proved the factual elements; appeal dismissed.