Hong Kong Case Law: Decisions & Judgments

Topic

Speed assessment

Legal area

Court

7 Feb 2013

HKSAR v. LAU CHEU CHEONG

Citation

HKSAR v. LAU CHEU CHEONG
Court

Court of First Instance
Case number

HCMA276/2012

On the evidence the Court was not satisfied that the Appellant's driving fell so far below the expected standard as to be dangerous; expert and circumstantial evidence supported low speed and possible obscuration of the deceased; the magistrate erred in treating PW1's testimony as excluding all other reasonable inferences. Appeal allowed, dangerous driving conviction quashed and substituted with careless driving.
10 Apr 2003

TSOI YAU YA v. CHAN KWOK HUNG AND ANOTHER

Citation

TSOI YAU YA v. CHAN KWOK HUNG AND ANOTHER
Court

Court of Appeal
Case number

CACV317/2002

The trial judge's factual findings that the 1st defendant was driving too fast for the pedestrian‑heavy bus lane and that the plaintiff was 30% contributorily negligent were within reasonable bounds and will not be disturbed on appeal absent exceptional circumstances, therefore the appeal is dismissed.
20 Feb 1997

R. v. CHEUNG SHUK CHING

Citation

R. v. CHEUNG SHUK CHING
Court

Court of First Instance
Case number

HCMA1221/1996

Because the magistrate was entitled to accept the eyewitness evidence that the appellant was travelling at about 40-45 km/h past a school with children and partly parked vehicles, that speed constituted 'high speed' in the circumstances and the collision with a stationary vehicle supported an inference of carelessness; there was no legal or factual error warranting appellate interference.
21 Feb 1995

R. v. TEED SISKO SUSAN

Citation

R. v. TEED SISKO SUSAN
Court

Court of First Instance
Case number

HCMA13/1995

The magistrate was not entitled on the evidence to find the appellant was driving faster than she stated; absence of evidential support for that inference left a lurking doubt whether the appellant drove carelessly, therefore the conviction could not stand and was quashed.

Hong Kong Case Law

HKSAR v. LAU CHEU CHEONG

TSOI YAU YA v. CHAN KWOK HUNG AND ANOTHER

R. v. CHEUNG SHUK CHING

R. v. TEED SISKO SUSAN