Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Concurrent vs consecutive disqualification periods
  • 11 Jul 1991

    THE QUEEN v. KWOK KAM SUN

    Citation
    THE QUEEN v. KWOK KAM SUN
    Court
    Court of First Instance
    Case number
    HCMA1690/1990

    A person disqualified under the Road Traffic (Driving-offence Points) Ordinance (Cap.375) is not 'disqualified' under the Road Traffic Ordinance (Cap.374) for the purposes of s.44; consequently the appellant should not have been charged under s.44(1)(b) and the court has no power to order disqualification for an offence under s.12(2)(b) of the Driving-offence Points Ordinance. The conviction, sentence, fine and disqualification imposed under Charge A were therefore quashed and set aside; the conviction and orders under Charge B remain unaffected.