Hong Kong Case Law: Decisions & Judgments

Topic

Disqualification from holding a driving licence

Legal area

Court

15 Aug 2005

THE QUEEN v. MA CHUN SHING

Citation

THE QUEEN v. MA CHUN SHING
Court

Court of First Instance
Case number

HCMA482/1984

Section 5 of Cap.368 only imports the definition of 'road' for applying the Road Traffic Ordinance to tunnels; it does not transfer the statutory disqualification power in section 23(1)(a) of Cap.220 to offences created under Cap.368. Therefore the magistrate had no power to disqualify for a breach of regulation 9(g) of Cap.368 and the disqualification order was ultra vires and must be quashed.
15 Oct 1998

HKSAR v. TONG CHI WAH

Citation

HKSAR v. TONG CHI WAH
Court

Court of First Instance
Case number

HCMA691/1998

The Magistrate did not err: although the Appellant had an honest belief the driver was licensed, that belief was not reasonable given his role hiring out a public service vehicle; the Magistrate properly exercised discretion and refused to find special reasons to avoid the mandatory disqualification, therefore the appeal is dismissed.
2 Mar 1990

THE QUEEN v. WONG WAI CHEUNG

Citation

THE QUEEN v. WONG WAI CHEUNG
Court

Court of First Instance
Case number

HCMA1594/1989

The High Court held that although the statutory object is protection of third parties, the specific facts here (very short distance, very slow supervised driving on a deserted construction road with minimal risk of contact) amounted to special reasons within s.4(1), warranting reduction of the statutory minimum disqualification from 12 months to 6 months.
19 Sept 1988

THE QUEEN v. CHEUNG CHU-BOR

Citation

THE QUEEN v. CHEUNG CHU-BOR
Court

Court of First Instance
Case number

HCMA655/1988

The court admitted the fresh evidence under s.83V, found on the evidence that the appellant honestly believed, on reasonable grounds and after receiving misleading assurance from a car salesman/broker, that his Canadian licence permitted him to drive in Hong Kong as a resident; that belief constituted a 'special reason' to remove the mandatory disqualification, and the disqualification order was therefore rescinded.
13 Jul 1976

CHAN WAN LUNG v. THE QUEEN

Citation

CHAN WAN LUNG v. THE QUEEN
Court

Court of Appeal
Case number

CACC694/1976

The appeal was allowed in part: the sentence of four months imprisonment for taking conveyance without authority was unduly heavy in light of the vehicle belonging to the appellant's father and was reduced to two months; the request to substitute fines was refused because a fine would likely be paid by a third party and is not an appropriate substitute; the remaining sentences and periods of disqualification were affirmed.

Hong Kong Case Law

THE QUEEN v. MA CHUN SHING

HKSAR v. TONG CHI WAH

THE QUEEN v. WONG WAI CHEUNG

THE QUEEN v. CHEUNG CHU-BOR

CHAN WAN LUNG v. THE QUEEN