Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Definition of driving

Legal area

Court

7 Jun 2024

香港特別行政區訴孫國榮

Citation

[2024] HKCFI 2176
Court

Court of First Instance
Case number

HCMA340/2023

The appellant stopped his vehicle in the opposing lane at the junction, obstructing a long container vehicle and thereby creating an undue hazard; being momentarily stationary did not negate that he was driving or controlling the vehicle; on the totality of evidence and exhibits the appellant's conduct amounted to careless driving and the prosecution proved the offence beyond reasonable doubt, so the conviction is upheld.
23 Mar 1985

POON JING v. THE QUEEN

Citation

POON JING v. THE QUEEN
Court

Court of First Instance
Case number

HCMA205/1985

The Magistrate erred in equating the statutory definition of \u2018driver\u2019 with the act of \u2018driving\u2019; on the proved facts (or lack of proof) the appellant was not driving the vehicle as a matter of law, and the prosecution did not establish use of the vehicle such that the negative averment on insurance would shift to the appellant; accordingly both convictions could not stand and were quashed.