Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Careless driving (s.38(1) road traffic ordinance)

  • 14 Jan 2020

    香港特別行政區 訴 伍國璋

    Citation
    [2020] HKCFI 546
    Court
    Court of First Instance
    Case number
    HCMA437/2019

    The court upheld the trial judge's factual findings that the appellant attempted to cut into the main lane without sufficiently yielding to a bus with priority, that the collision and vehicle damage were consistent with the bus driver's account and video evidence, and that the conviction for careless driving and the fine of HK$3,000 were appropriate; there was no demonstrable error of law or irrationality in the trial judge's assessment.

    • Careless driving (s.38(1) road traffic ordinance)
    • Evidential assessment of dashcam footage
    • Credibility of witnesses
    • Sentence review

  • 15 May 2017

    香港特別行政區 訴 張毅

    Citation
    香港特別行政區 訴 張毅
    Court
    Court of First Instance
    Case number
    HCMA292/2016

    The conviction was unsafe because the trial magistrate did not independently and adequately consider the appellant's testimony; on re‑hearing the appellate court found the appellant's version not inherently impossible and that, given the deficiencies in the trial evaluation, a reasonable doubt remained, so the conviction was quashed.

    • Careless driving (s.38(1) road traffic ordinance)
    • Credibility assessment
    • Rehearing standard
    • Evidence insufficiency

  • 27 May 2014

    香港特別行政區 訴 鍾國超

    Citation
    香港特別行政區 訴 鍾國超
    Court
    Court of First Instance
    Case number
    HCMA83/2014

    The appellate court will not disturb the magistrate's credibility findings absent irrationality; the magistrate gave detailed, reasoned reasons to accept the complainant's consistent account and reasonably concluded emergency braking could permit stopping within about one metre and that the taxi cut into the main lane causing the collision; therefore the conviction is safe and must be upheld.

    • Careless driving (s.38(1) road traffic ordinance)
    • Credibility of witnesses
    • Standard of appellate review (rehearing)
    • Stopping distance / braking