香港特別行政區 訴 鄒月梅

香港特別行政區 訴 鄒月梅

Evidence established the appellant’s car was parked unattended in the leftmost lane on yellow lines and, by forcing approaching vehicles to divert into the second lane, it was reasonably likely to cause unnecessary obstruction; short duration, alleged private status of the bay and de minimis arguments were...

Source-derived case information.

Citation
[2024] HKCFI 1827
Parties
Respondent: Hong Kong Special Administrative Region; Appellant: Zou Yuet Mui
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 May 2024
Case Number
HCMA125/2023
Procedural Posture
Criminal Appeal (conviction and Sentence) / Appeal to High Court (retrial on Conviction and Sentence)
Outcome
appeal dismissed; conviction and sentence upheld
Legal Topics
Obstruction of Road, Fixed Penalty, De Minimis Rule, Conviction Appeal, Sentencing
Source Language
ch
Criminal Law Road Traffic Regulation Administrative Law Obstruction of Road Fixed Penalty De Minimis Rule Conviction Appeal Sentencing

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Parties

Hong Kong Special Administrative Region

Respondent

Zou Yuet Mui

Appellant

Procedural Posture

Criminal Appeal (conviction and Sentence) / Appeal to High Court (retrial on Conviction and Sentence)

  1. 1 Whether the appellant’s parking caused or was likely to cause unnecessary obstruction or danger to other road users
  2. 2 Whether the short duration (about two minutes), location (alleged private/drop‑off bay) or presence of yellow markings meant the obstruction was de minimis or lawful
  3. 3 Whether the sentence (fixed penalty and costs) was appropriate

Ratio Decidendi

Evidence established the appellant’s car was parked unattended in the leftmost lane on yellow lines and, by forcing approaching vehicles to divert into the second lane, it was reasonably likely to cause unnecessary obstruction; short duration, alleged private status of the bay and de minimis arguments were insufficient to negate that finding, so conviction and fixed penalty were upheld.

Court Disposition

appeal dismissed; conviction and sentence upheld

Orders

  • Conviction for causing unnecessary obstruction of the road under Cap.237 ss.4,13,14(1) upheld
  • Sentence of fixed penalty HK$320, surcharge HK$320 and costs HK$500 (total HK$1,140) upheld