Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Mens rea (recklessness)
  • 23 Dec 1987

    THE QUEEN v. CHUNG MAN LUNG

    Citation
    THE QUEEN v. CHUNG MAN LUNG
    Court
    Court of First Instance
    Case number
    HCMA913/1987

    Expert evidence established that the grossly overloaded vehicle had severely reduced braking efficiency and compromised suspension creating an obvious and serious risk; in absence of appellant's evidence the magistrate properly inferred the appellant either knew of the risk and took it or was indifferent, satisfying the test for recklessness and justifying conviction; police escort did not eliminate the risk and did not absolve appellant.