IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 429 OF 2010
(ON APPEAL FROM TWS 6155 of 2009)
Before: The Honourable Mrs Justice V. Bokhary in Court
Date of Hearing: 24 August 2010
Date of Judgment: 24 August 2010
J U D G M E N T
1. This Appellant appeared in the Magistrates’ Court on a charge of dangerous driving. He was convicted after trial of the lesseroffence of careless driving, and he now appeals against that conviction.
2. In his notice of appeal, the Appellant wrote: “Conviction is unsafe”. The Appellant has submitted detailed written submissionin support of his appeal and, before me today, he expanded on them.
3. The Magistrate has, in my opinion, approached her task with care. It is contended by the Appellant that the Magistrate’s relianceon his disputed admissions to the second prosecution witness was unsafe. I do not accept that. In any case, the conviction is notat all dependent on that admission.
4. There were good reasons why the Magistrate did not feel sure that the Appellant’s driving was dangerous, but that it was careless. Her finding that it was careless is supported by the evidence, and I find nothing unsafe in how she arrived at it.
5. Accordingly, the appeal is dismissed.
Appellant, in person
Ms Eva Chan, of the Department of Justice, for the Respondent