Hong Kong Case Law: Decisions & Judgments

Topic

Failure to stop

Legal area

Court

31 Mar 2023

SECRETARY FOR JUSTICE v. LAW SIU KIN

Citation

[2023] HKCA 352
Court

Court of Appeal
Case number

CAAR6/2022

The court held the starting point of 2 years 9 months adopted by the sentencing judge was manifestly inadequate given the high level of intoxication (near three times limit), deliberate aggressive driving, ignoring warnings, failure to stop and delayed surrender; an appropriate starting point was 5 years, reduced by the full one-third guilty plea discount and a further 4 months adjustment for review, producing an effective sentence of 3 years' imprisonment on Charge 1; sentences for Charges 2 and 3 ordered to run concurrently because they were already taken into account as aggravating feature…
10 Jun 2014

HKSAR v. WILLIAM ROBERT HYWEL CLARK

Citation

HKSAR v. WILLIAM ROBERT HYWEL CLARK
Court

Court of First Instance
Case number

HCMA26/2014

On rehearing the court was not satisfied beyond reasonable doubt that the prosecution proved dangerous driving or that the appellant failed to stop or report an accident: the CCTV and video footage showed only a very slight movement consistent with a minor bump if any, evidence of damage was uncertain and not reliably attributable to this incident, and the appellant honestly believed there was no collision; accordingly convictions on charges 2, 3 and 4 are unsafe and were quashed.
12 Jan 2010

HKSAR v. KHAN, RAFIQUE

Citation

HKSAR v. KHAN, RAFIQUE
Court

Court of First Instance
Case number

HCMA614/2008

The magistrate properly found the van and driver identified on the basis of PW1's contemporaneous observation of the registration number, corroborating physical evidence and the appellant's admission; the appellate court found no error in the credibility assessment and dismissed the appeal.
16 Aug 2007

HKSAR v. DAVIES, CHRISTOPHER GARETH EDWARD

Citation

HKSAR v. DAVIES, CHRISTOPHER GARETH EDWARD
Court

Court of First Instance
Case number

HCMA1232/2006

Where a defendant deliberately accelerates a vehicle despite clear police directions and in circumstances where it was reasonably foreseeable the vehicle might hit and injure an officer, that reckless conduct constitutes hostile personal violence for the purposes of assault under s.63 and sustains a conviction; the magistrate's findings of foresight and recklessness were sufficient and the conviction is safe.
8 Jan 1997

R. v. LEE WING MING

Citation

R. v. LEE WING MING
Court

Court of First Instance
Case number

HCMA1076/1996

Magistrate accepted prosecution witnesses as credible and found the appellant closed the door and moved off before PW1 was safely on board, causing her fall, and that the appellant was aware of the fall and failed to report; appellate court will not overturn those findings and therefore upheld convictions for careless driving, failing to stop and failing to report.
11 Sept 1979

TSE WAI LUNG v. THE QUEEN

Citation

TSE WAI LUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC741/1979

The conviction was upheld because, viewing the entire evidence before the magistrate (including the constable's testimony and depositions admissible under s.118(1)(a) of the Magistrates Ordinance), there was sufficient evidence to identify the appellant as driver of BW 522 and to support the convictions; the appellate court may consider all evidence before the tribunal when identity was not contested below and no miscarriage of law occurred in leaving the case to the magistrate.

Hong Kong Case Law

SECRETARY FOR JUSTICE v. LAW SIU KIN

HKSAR v. WILLIAM ROBERT HYWEL CLARK

HKSAR v. KHAN, RAFIQUE

HKSAR v. DAVIES, CHRISTOPHER GARETH EDWARD

R. v. LEE WING MING

TSE WAI LUNG v. THE QUEEN