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FAMC No. 30 of 2006
IN THE COURT OF FINAL APPEAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
MISCELLANEOUS PROCEEDINGS NO. 30 OF 2006 (CRIMINAL)
(ON APPLICATION FOR LEAVE TO APPEAL
FROM HCMA NO. 1225 OF 2005)
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Between
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SIN KIT-SANG |
Applicant |
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and |
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HONG KONG SPECIAL ADMINISTRATIVE REGION |
Respondent |
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Appeal Committee : Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Date of Hearing : 25 July 2006
Date of Determination : 25 July 2006
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D E T E R M I N A T I O N
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Mr Justice Chan PJ:
1. In support of his application for leave to appeal against the conviction of dangerous driving causing death on the substantial and grave injustice limb, the Applicant relies on 3 grounds of appeal.
2. We are not persuaded that any of these grounds are reasonably arguable.
3. We are not satisfied that the trial magistrate had wrongly misused the Road Users' Code or wrongly admitted or relied on the evidence of the expert witness called by the prosecution or that the magistrate was not entitled on the evidence to find that the applicant's driving fell far below that of a competent and careful driver and that it would be obvious to such a driver that such manner of driving was dangerous in the circumstances. The application is dismissed.
(Kemal Bokhary)
Permanent Judge |
(Patrick Chan)
Permanent Judge |
(R A V Ribeiro)
Permanent Judge |
Mr Daniel Marash, SC (instructed by Messrs Hau, Lau, Li & Yeung) for the Applicant
Miss Mary Sin (of the Department of Justice) for the Respondent
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