HKSAR v. CHOW SHING HING

DCCC751/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 751 OF 2009

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HKSAR
v.
Chow Shing-hing

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Before: H H Judge Geiser

Date: 10 December 2009 at 11.16 am

Present: Mr A A Hoosen, Counsel on fiat, for HKSAR
Miss Priscilla Lam, instructed by Messrs Kenneth C C Man & Co., assigned by the Director of Legal Aid, for theDefendant

Offence: (1) Dangerous driving (危險駕駛)
(2) Driving while disqualified (於取消駕駛資格期間駕駛)
(3) Using a motor vehicle without third party insurance (沒有第三者保險而使用汽車)

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to three charges, those being dangerous driving, contrary to section 37 of the Road Traffic Ordinance, Cap. 374, driving whilst disqualified, contrary to section 12(2)(b) of the Road Traffic (Driving-Offence Points) Ordinance, Cap. 375, and using a motor vehicle without third party insurance, contrary to sections 4(1) and 4(2)(a) of the Motor Vehicles Insurance(Thirty Party Risks) Ordinance, Cap. 272.

2. The amended Summary of Facts, which you have admitted, indicate that at 8.30 in the morning of 22 January of this year, patrollingpolice saw you execute a U-turn along Tin Ping Road whilst you were driving your taxi. At that point of the road, a U-turn is forbiddenas the road is separated by double white lines. The police switched on their beacon lights and directed you to stop through theloud hailer, which you ignored.

3. You were eventually stopped. And when PW1 – that is PC487 – asked for your driver’s licence, you took out your Hong Kong ID cardbut did not hand it to the officer directly, so the officer stretched his arm through the window of your taxi, at which point youaccelerated away with PW1’s arm trapped in the window, dragging PW1 along with you for a distance of up to 12 metres before youstopped due to a traffic jam.

4. Another police officer, PC51319, arrested you. And on arrest, you admitted that you were the subject of a disqualification order,which itself triggered the 3rd charge of driving without third party insurance.

5. You are 49 years of age, married and, despite a poor driving record, did have a clear criminal record prior to the commission ofthese offences. You are an ex-police officer yourself and will no doubt be well aware of the seriousness of these offences. Thecircumstances of the 1st charge of dangerous driving are particularly serious as you put at risk the life of PW1 who was trying toapprehend you. It is very fortunate indeed that PW1 was not more seriously injured.

6. In sentencing you, I take into account all that has been said on your behalf by way of mitigation, but due to the seriousness ofthese offences, a custodial sentence is inevitable despite your clear record.

7. On the first count, I take as my starting point a sentence of 15 months’ imprisonment, which will be discounted by one-third totake account of your plea of guilty, coming to a sentence of 10 months’ imprisonment on count 1. On count 2, I adopt as my startingpoint a sentence of 6 months’ imprisonment, which will be deducted by one-third, coming to 4 months’ imprisonment, which is orderedto run consecutively to the sentence on count 1. On count 3, once again, I adopt as my starting point a sentence of 6 months’imprisonment, which is similarly discounted by one-third, coming to 4 months’ imprisonment. This I order to run concurrently withthe sentence on counts 1 and 2.

8. In addition, you will be disqualified from holding or obtaining a driving licence in relation to all classes of vehicles for a periodof two years. The total period of imprisonment is, therefore, 14 months’ imprisonment.

H H Judge Geiser
District Judge