THE QUEEN v. KONG KWONG-SANG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 656 OF 1985

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JUDGMENT

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1. The Appellant pleaded guilty to two charges: (A) Moving a vehicle after an accident contrary to section 57(1) of the Road Traffic Ordinance, and (B) failing to report an accident contrary to section 56(3) and (6) of the Road Traffic Ordinance. He was convicted and fined $1,500 and disqualified from driving a motor vehicle for eighteen months on each charge.

2. He now appeals against the orders for disqualification only.

3. He has filed a number of grounds of appeal but it is necessary to consider only one. That ground is "that the trial Magistrate has no jurisdiction under section 69(1) of the Road Traffic Ordinance to impose the disqualification orders ...."

4. The power conferred by section 69(1) to order disqualification is in the following terms:-

"69(1) ...... a court before which a person is convicted of any of the following offences may order him to be disqualified for such period as the court thinks fit --

 

Counsel for the Appellant and for the Respondent both agreed that neither offence is an offence "in connection with the driving of a motor vehicle."

5. I agree. The appeal is allowed and the orders for disqualification are set aside.