R. v. SO WING-SAN

HCMA001144/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1144 OF 1996

______________

BETWEEN
THE QUEEN
and
SO WING-SAN

______________

Coram: Stuart-Moore, J. in Court

Date of hearing: 27 December 1996

Date of judgment: 27 December 1996

______________

J U D G M E N T

______________

1. The Appellant was convicted, on 2nd September 1996, of careless driving by Mr. Patrick Li sitting at the Fanling Magistracy. He wasfined $1,500 and he now appeals against his conviction only.

2. The Appellant is a bus driver and was allegedly seen by a police officer on a motorcycle cutting into the path of a taxi that hadto slow down very suddenly as a result of the bus making this manoeuvre. The Appellant denied this and said that he had stopped beforemoving forwards at the slip road.

3. The learned Magistrate heard and saw the witnesses as the evidence unfolded in his court. I do not have that advantage but I haveread what the witnesses had said to the Magistrate. I am not here to re-try the case. I can only interfere if the Magistrate fellinto error in the way that he approached the evidence. His approach to the evidence was impeccable and there are no grounds on whichI could possibly allow this appeal. Accordingly the appeal is dismissed.

(M. Stuart Moore)
Judge of the High Court

Representation:

Mr. Y.M. Liu, S.C.C. for Crown.

Appellant in person.