Hong Kong Case Law: Decisions & Judgments

Topic

Identification of driver

Legal area

Court

8 Dec 2016

HKSAR v. LAM KING SING

Citation

HKSAR v. LAM KING SING
Court

Court of Appeal
Case number

CACC285/2015

The Court held that although Form Pol 571 was admissible it was unreliable due to the applicant's intoxication, but that reliability aside there was ample circumstantial evidence (palm print on steering wheel, applicant's written identification, strong blood alcohol reading, witness observations and sequence of events) to establish beyond reasonable doubt that the applicant was the driver; counsel's conduct was not incompetent; the delay in seeking leave to appeal against conviction was unjustified and the grounds lacked substance so leave out of time was refused; renewal of unmeritorious app…
12 Jan 2010

HKSAR v. KHAN, RAFIQUE

Citation

HKSAR v. KHAN, RAFIQUE
Court

Court of First Instance
Case number

HCMA614/2008

The magistrate properly found the van and driver identified on the basis of PW1's contemporaneous observation of the registration number, corroborating physical evidence and the appellant's admission; the appellate court found no error in the credibility assessment and dismissed the appeal.
12 May 1980

HOR KIN-SENG v. TAM PING-CHECK

Citation

HOR KIN-SENG v. TAM PING-CHECK
Court

Court of Appeal
Case number

CACV100/1979

The Court held that the prior police statement of the adverse witness was admissible and entitled to weight under ss.12 and 48(1)(a) of the Evidence Ordinance; on that evidence the respondent was identified as driver of AX 1058, was negligent and liable to 60% with the appellant 40% contributorily negligent; the Commissioner’s assessments of special and general damages were confirmed and no award for future loss of earning capacity was made because the evidence was too speculative.
22 Sept 1972

LAU YIU SUM v. THE QUEEN

Citation

LAU YIU SUM v. THE QUEEN
Court

Court of Appeal
Case number

CACC565/1972

Police identification that the appellant was driving 'a private car AJ 7121' together with the unchallenged description constituted sufficient prima facie proof that the appellant was the driver and that the vehicle was a private car; lack of a register extract did not vitiate the conviction.

Hong Kong Case Law

HKSAR v. LAM KING SING

HKSAR v. KHAN, RAFIQUE

HOR KIN-SENG v. TAM PING-CHECK

LAU YIU SUM v. THE QUEEN