THE QUEEN v. LAW SIU-KEUNG

IN THE SUPREME COURT OF HONG KONG

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JUDGMENT

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1. On 15th October 1984 LAM Siu-keung exceeded the speed limit quite substantially when driving a private car and, when he appeared before Mr. Dennis Woo at North Kowloon Magistrate's Court on 16th September of this year, pleaded guilty to so doing. The Magistrate observed his record and found that he had three previous convictions for speeding. It necessarily followed that a mandatory period of 12 months disqualification followed pursuant to section 41(2) of the Road Traffic Ordinance, Cap. 374 as, in turn pursuant to section 71, did a requirement that he should sit and pass a driving test before his licence was returned to him. The issue before this Court is whether or not Mr. Woo should have exercised the discretion vested in him under section 69(2)(b) to limit the mandatory disqualification to private cars only because I am told, and it is not disputed, that in each instance where the appellant had been found guilty of speeding he has been driving a private car. By contrast he has since 1981, from time to time, driven goods vehicles without infringing the traffic laws.

2. Although the appellant, who was unrepresented, told the Magistrate that he needed a driving licence to earn his living it is not apparent that the relevant discretion was considered or any application made in that context. In the circumstances it appears properly open to this Court to balance the hardship which will surely be suffered by the appellant if the disqualification remains unlimited against the interests of the public in road safety.

3. In this particular instance and in the light of his good driving record in relation to goods vehicles I feel it reasonable to exercise the discretion in favour of the appellant. Accordingly the appeal is allowed to the extent that the disqualification will apply only to private vehicles.