R. v. LEE SIU KEUNG, EDMOND

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.115 OF 1997

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J U D G M E N T

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1. Driving cases are normally issues of fact for the magistrate to decide. There are, however, a number of points which the appellant has very properly raised.

2. But from the notes of verdict, the magistrate made a site visit not in the presence of the appellant, nor indeed the prosecution. This is a material irregularity - magistrates are not permitted to acquire evidence which is not open to challenge by a defendant.

3. The Crown does not oppose this appeal which is therefore allowed.