Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order to retake driving test
  • 22 Nov 2021

    HKSAR v. KWOK CHING YEUNG

    Citation
    [2021] HKCFI 3457
    Court
    Court of First Instance
    Case number
    HCMA114/2020

    The Court found the HK$4,000 fine to be manifestly excessive given the circumstances and the guilty plea and substituted it with HK$3,000; the Court also held there was no evidence of poor driving skills or other justification for an order to retake the driving test and set that order aside because it amounted to an unjustified additional punitive measure.

  • 8 Apr 2020

    香港特別行政區 訴 區煒冲

    Citation
    [2020] HKCFI 351
    Court
    Court of First Instance
    Case number
    HCMA241/2019

    The appeal court found the trial judge erred in concluding the appellant’s driving concept was inherently "entirely wrong" or "extremely dangerous" on the evidence, and that a blanket order to retake all driving tests was disproportionate. The appropriate disposal was to quash the retest order, substitute an order that the appellant attend and complete a driving improvement course at his own expense, and to maintain the fine of HKD 2,000. The court therefore allowed the appeal in part on grounds that the retest order was not justified by the established facts and was manifestly excessive.