HKSAR v. KWAN MAN YIN

HCMA 958/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 958 OF 2009

(ON APPEAL FROM TWS 9829 OF 2009)

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BETWEEN

HKSAR Respondent
and
KWAN MAN YIN Appellant

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Before: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 4 February 2010

Date of Judgment: 4 February 2010

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J U D G M E N T

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1. The Appellant appeals against his conviction in the Magistrates’ Court on a charge of careless driving. He was driving a mediumgoods vehicle with a trailer on which was loaded a working platform. As to the facts, the prosecution’s case was that he droveunder a crane bridge, that there was insufficient clearance for him to do so and that the platform therefore collided with the bridge.There was evidence on which to find those facts proved beyond reasonable doubt. The Magistrate found them so proved. There is nothingon which to fault the way in which he went about doing so.

2. As to the law, the prosecution’s case was that, on those facts, the Appellant had driven carelessly. The Magistrate was entitledto take that view, and did so. There is no basis on which to fault his doing so.

3. In the result, therefore, this appeal against conviction cannot succeed and is dismissed.

(V. Bokhary)
Judge of the Court of First Instance
High Court

Mr Edmond Lee, of the Department of Justice, for the Respondent

Appellant in Person