Hong Kong Case Law: Decisions & Judgments

Topic

Road users' code

Legal area

Court

22 May 2019

香港特別行政區訴張鐳輝

Citation

[2019] HKCFI 1221
Court

Court of First Instance
Case number

HCMA586/2018

Appeal allowed because evidence established the pedestrian stepped out suddenly against the signal at very close range and the appellant had no reasonable opportunity to foresee or avoid the collision; the trial magistrate's adverse inferences about the driver's lack of attention and waiting until the front wheel ran over an object were not supported by the evidence, and the driving was not careless.
18 Dec 2014

HKSAR v. DE VLIEGHER, PIERRE-EDOUARD M.R.G.A.

Citation

HKSAR v. DE VLIEGHER, PIERRE-EDOUARD M.R.G.A.
Court

Court of First Instance
Case number

HCMA410/2014

The appeal was dismissed because the court concluded on the undisputed facts that the appellant misjudged clearance on a narrow road and drove below the objective standard of care required; the other driver's breach of the Road Users' Code did not absolve the appellant and the magistrate had correctly applied the relevant legal principles.
7 May 2009

HKSAR v. LAM CHOR HING

Citation

HKSAR v. LAM CHOR HING
Court

Court of First Instance
Case number

HCMA759/2008

The High Court, treating the appeal as a rehearing, upheld the magistrate's credibility findings as reasonable and supported by the evidence and exhibits; the appellant failed to demonstrate that the conviction was against the weight of the evidence or that any material irregularity occurred; accordingly the conviction for careless driving under s.38(1) was affirmed.
10 Jun 1999

HKSAR v. CHIU TAK SAINT JAMES

Citation

HKSAR v. CHIU TAK SAINT JAMES
Court

Court of First Instance
Case number

HCMA1086/1998

Because the appellant had bound himself by agreed facts under s.65C that the safe following distance at his speed was 57.22 m, the Magistrate was entitled to compare the agreed required distance with the actual distance and find that, combined with excessive speed, the manner of driving created an obvious and serious risk amounting to recklessness; the appellate court will not disturb that factual finding.

Hong Kong Case Law

香港特別行政區 訴 張鐳輝

HKSAR v. DE VLIEGHER, PIERRE-EDOUARD M.R.G.A.

HKSAR v. LAM CHOR HING

HKSAR v. CHIU TAK SAINT JAMES

香港特別行政區訴張鐳輝