Hong Kong Case Law: Decisions & Judgments

Topic

Defective brakes

Legal area

Court

24 Aug 2005

HKSAR v. YEE HING CONSTRUCTION TRANSPORTATION CO LTD

Citation

HKSAR v. YEE HING CONSTRUCTION TRANSPORTATION CO LTD
Court

Court of First Instance
Case number

HCMA677/2005

The Court found the overheating and compressed air failure were causally related, accepted the motor vehicle examiner's evidence that the connecting rods fractured before the accident, and held that any clarification of the prosecution's case during cross‑examination did not prejudice the defence because the defence had opportunity to test the evidence; accordingly the conviction was safe and the appeal was dismissed.
12 Sept 1983

THE QUEEN v. NG CHOR-CHEUNG

Citation

THE QUEEN v. NG CHOR-CHEUNG
Court

Court of Appeal
Case number

CACC1056/1983

The word 'uses' in Section 8 of the Road Traffic Ordinance and Regulation 101 of the Road Traffic (Construction and Use) Regulations includes a driver who drives a vehicle with defective brakes; accordingly the appellant's conviction for using a vehicle with defective brakes is valid and the appeal is dismissed; an owner's liability requires proof of ownership and use, not mere ownership alone.
12 Aug 1981

FAN CHUN-KEUNG v. THE QUEEN

Citation

FAN CHUN-KEUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC629/1981

The Magistrate erred in treating ownership as equivalent to 'use' under section 8; absent evidence that the owner drove, caused or permitted the vehicle to be used the appellant could not be convicted of 'using' it, therefore the convictions were unsustainable and must be quashed.

Hong Kong Case Law

HKSAR v. YEE HING CONSTRUCTION TRANSPORTATION CO LTD

THE QUEEN v. NG CHOR-CHEUNG

FAN CHUN-KEUNG v. THE QUEEN