HKSAR v. CHAN WAI LUN

DCCC 771/2024

[2025] HKDC 1508

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 771 OF 2024

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REASONS FOR SENTENCE

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1.  The defendant was convicted after trial of the offence of careless driving having originally faced a charge of dangerous driving causing death. 

2.  The facts are straightforward and can be simply stated.  The defendant was the driver of a light goods vehicle which whilst reversing ran over the deceased causing his death.  I convicted him of careless driving in respect of that of the offence.  It was clear his culpability is limited to that of my finding and there was also some contributory fault on behalf of the victim who appears to have walked into the route that the defendant’s vehicle was taking whilst reversing.  Nevertheless, a death has occurred as a result of the defendant’s driving and it is a serious matter and the court must consider all possible sentencing.

3.  The offence of careless driving itself does carry as a possibility a sentence of imprisonment and I must consider that whilst determining whether the defendant should serve such a sentence in respect of this offence.

4.  I have already outlined the culpability of the defendant in my verdict and now it is background.  He is a man of clear record, a family man with two children.  As a result of his clear record, I called for a Community Service Report to see if a period of community service could be served as an alternative to any sentence of imprisonment.  The conclusion of that report is positive for the defendant.  There is a recommendation that the defendant serves such a sentence.  This is based on the defendant’s suitability, the remorse he showed in respect of the nature of the offence that he has committed and generally creating a favourable impression with the interviewing officer.  The conclusion of the report I will briefly go through:

5.  A man from a local family, led a regulated life with stable employment.  He set his own companies up in 2004 and 2009, demonstrating a sense of responsibility and care for his family.  Several driving convictions are noted.  I shall deal with those in a moment.  It said the defendant had shown genuine remorse for his misdeed, gained a better understanding of his careless driving attitude, vowed to improve his driving behaviour in the future.  The accused, his wife and children ask for a lenient sentence.  And concludes, given the accused’s remorseful attitude, his strong determination to lead a law-abiding life, his clear criminal record, it is worth giving him a chance to reform in the community under a Community Service Order and the Community Service Order being 161 hours and 240 hours is recommended.

6.  Taking into account all the factors I have already set out, I do propose the defendant serve a Community Service Order in respect of this offence.  I am going to order that he serves a total of 180 hours of community service in respect of the offence.  I shall deal with the conditions of that in a moment.

7.  It is also noted that the defendant has a driving record, I would not describe as poor but he has two previous convictions for careless driving and as a result of that also the driving of the vehicle on the instant offence, I am going to order that he be disqualified from driving for a period of 15 months and he must take and complete a Driving Improvement Course within the last three months of that period of disqualification if he wishes to regain his licence.

8.  As far as the Community Service Order is concerned, there is a reporting condition in respect of that in that the defendant must abide by the reporting conditions.  He must also be aware that should he commit any further offence punishable by imprisonment during the course of the Community Service Order, he can be sentenced again for the original offence of which he has already been convicted.  The defendant must also, as I said, not commit any further offences during the period of the Community Service Order.  He must also keep the peace and be of good behaviour generally.