Hong Kong Case Law: Decisions & Judgments

Topic

Disqualification from driving

Legal area

Court

18 May 2026

HKSAR v. CHOW KUEN FUNG

Citation

[2026] HKCA 979
Court

Court of Appeal
Case number

CACC136/2024

For CACC 136/2024 (Chow) the court held the deputy judge's consecutive disqualification periods resulting in a 7‑year ban were not excessive given Chow's persistent offending and multiple prior disqualifications and the operation of s44(3) did not require rigid curtailment; appeal dismissed. For CACC 81/2024 (Fung) the court held the overall custodial sentence was manifestly excessive given the appropriate plea discount and reduced the main sentence to 48 months, adjusted concurrent subsidiary sentences accordingly, and ordered the two disqualification periods to run concurrently for 4 years…
1 Nov 2022

HKSAR v. LEE WAI PING

Citation

[2022] HKCA 1640
Court

Court of Appeal
Case number

CACC27/2022

The Court refused leave to appeal because the trial judge correctly assessed the seriousness of the separate offences, properly applied the totality principle to arrive at an aggregate term of 42 months imprisonment, and lawfully imposed mandatory disqualification periods under the Road Traffic Ordinance (with commencement delayed under s69A for a recidivist); the aggregate sentence and disqualification were not excessive.
27 May 2022

HKSAR v. KO YUN SANG

Citation

[2022] HKCA 751
Court

Court of Appeal
Case number

CACC202/2020

The Court reduced the disqualification on Charge 1 from 5 to 3 years because the appellant's offence was a first conviction committed in circumstances of aggravation (tier 3) which raises the statutory minimum to 3 years, and having considered mitigating factors (23-year impeccable driving record, employment hardship and the need for the disqualification to have actual preventive effect given the 20-month prison term), the 5-year order was manifestly excessive and unsupported by reasons; 3 years is appropriate.
25 Jan 2022

HKSAR v. YIP SING YEUNG

Citation

[2022] HKCA 175
Court

Court of Appeal
Case number

CACC216/2021

The Court held the sentence was not manifestly excessive and the judge acted within his sentencing discretion in enhancing starting points because of the applicant’s serious and similar prior convictions, the presence of methamphetamine and the attempt to flee; it was proper not to treat the applicant as a fresh offender and the concurrent sentences and disqualification were lawful.
13 Aug 2021

HKSAR v. KO YUN SANG

Citation

[2021] HKCA 1182
Court

Court of Appeal
Case number

CACC202/2020

Leave to appeal was granted because the applicant raised a reasonably arguable ground that the 5 year disqualification was manifestly excessive and that the sentencing judge may not have sufficiently considered the forward-looking, preventative purpose of disqualification and mitigating factors such as the applicant's long good driving record and the impact on his livelihood.
10 Sept 2020

香港特別行政區訴伍國璋

Citation

[2020] HKCFI 2334
Court

Court of First Instance
Case number

HCMA572/2019

There was no relevant amendment to the penalty points scheme affecting the appellant's case; points are calculated by offence date; the appellant's challenges to the points and to the Court of Final Appeal's refusal lacked merit; and the six‑month disqualification is not excessive in the circumstances and is therefore upheld.
10 Sept 2019

HKSAR v. FONG CHUN HEI ERNIE

Citation

[2020] HKCFI 2351
Court

Court of First Instance
Case number

HCMA227/2019

The court held that the magistrate's reduction to two months' imprisonment (one-third reduction from a three month starting point) for driving whilst disqualified and using an uninsured vehicle was not manifestly excessive and there were no exceptional circumstances to justify suspension; the concurrent two month terms and 12 month disqualification were therefore upheld.
4 Jan 2019

HKSAR v. CHAN CHI MAN

Citation

[2019] HKCA 38
Court

Court of Appeal
Case number

CACC262/2018

Leave to appeal out of time was refused because the applicant gave no satisfactory explanation for the delay and the sentence and disqualification were not manifestly excessive given the extreme recklessness of the offending, the injuries and damage caused, and the proper application of starting points, guilty plea discount and totality by the judge.
13 Jul 2018

HKSAR v. LEE SUI WAH

Citation

[2018] HKCA 406
Court

Court of Appeal
Case number

CACC187/2017

Where s.69A(2) does not apply the judge had no jurisdiction to order that disqualification be deferred until after imprisonment; the judge also erred in failing to invite submissions or give reasons for the disqualification; accordingly the appropriate relief was to order the disqualification periods to run concurrently from the date of imposition while leaving the custodial sentence and other orders intact.
26 Apr 2018

HKSAR v. MUHAMMAD WAQAS

Citation

[2018] HKCA 219
Court

Court of Appeal
Case number

CACC272/2017

Leave to appeal was granted because there were reasonably arguable grounds that (a) the imprisonment sentence for careless driving may have been excessive and possibly involved impermissible double counting of facts already punished under separate offences; (b) custodial terms for related road traffic offences (charges 5–7) may be excessive for a first offender; and (c) the possession sentence may be excessive or otherwise unjustified given the narcotic quantity was described only as 'traces' and was unquantifiable, warranting potential departure from the Mok Cho Tik guideline; additionally a…