Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 39b road traffic ordinance

Legal area

Court

19 Feb 2014

HKSAR v. HOOD RICHARD TAYLOR

Citation

HKSAR v. HOOD RICHARD TAYLOR
Court

Court of First Instance
Case number

HCMA285/2013

The Amended Brief Facts admitted by the Appellant did not include the essential element that the request was made by a police officer in uniform and did not clearly establish that the statutory warning was given; therefore the facts admitted did not support the charge and the guilty plea was a nullity. The conviction was quashed, the sentence set aside and the matter remitted for retrial before another magistrate.
27 Nov 2001

HKSAR v. SUNG SZE YAT, KENNETH

Citation

HKSAR v. SUNG SZE YAT, KENNETH
Court

Court of First Instance
Case number

HCMA772/2001

The appeal was dismissed because the magistrate's acceptance of the prosecution witnesses' evidence — that PC48840 warned the appellant and the appellant then refused to provide a breath specimen as evidenced by the appellant's conduct — was supported by the record; inconsistencies were considered and did not render the conviction unsafe.