Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Offence merging
  • 14 Jan 1988

    THE QUEEN v. MAK KAM CHUEN AND OTHERS

    Citation
    THE QUEEN v. MAK KAM CHUEN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMA1063/1987

    The magistrate's unchallenged factual findings of sustained dangerous close-proximity driving, attempt to overtake and coordinated group behaviour permitted an irresistible inference of illegal road racing and supported conviction for that offence and for driving without third party insurance; however the magistrate breached s.19(2) by failing to convict on the separate reckless driving charge and therefore the case is remitted for conviction and sentence on the reckless driving counts under s.119(1)(d).