R. v. LIU CHI WING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 621 OF 1995

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J U D G M E N T

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Hon Yang, CJ:

1. The appellant was convicted after trial of careless driving. He now appeals against the conviction.

2. Evidence for the prosecution was given by only one witness, i.e. the driver of another vehicle who was involved in the minor traffic accident with which we are concerned. The appellant himself did not give evidence but his cautioned statement was admitted into evidence by agreement.

3. Without going into the details of the facts of the case, in my view, the conviction is unsafe in the sense that all the evidence against the appellant was that a private car in front of him (not the car involved in the accident) braked, and this caused him to brake; he swerved uncontrollably to the right, hitting the concrete dividing parapet on the road which caused his car to bounce to the left, thereby causing the offside of his vehicle to hit the rear of the other vehicle which was travelling in a lane on his left side.

4. It is not an easy case to decide. It was very much on the border line but in my view the evidence was not sufficient for the trial magistrate to come to the view that he was guilty of careless driving. I would allow the appeal, quash the conviction and set aside the sentence.