HKSAR v. WONG TAI WAI

HCMA 899/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 899 OF 1999

(ON APPEAL FROM SPCC 2705/1999)

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J U D G M E N T

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1. The appellant appeared before Stephen Smout, Esquire sitting at the Magistrate's Court at San Po Kong on one charge of reckless driving. He was convicted after trial of the lesser offence of careless driving and was fined $3,000.00. He now appeals against his conviction.

2. Mr Ng, counsel representing the appellant, has submitted that the Magistrate had failed to give sufficient consideration or at all to the evidence in relation to the issues of identification, credibility and reliability of prosecution witnesses and that the Magistrate had made a number of errors in addressing those issues so as to render the conviction unsafe and unsatisfactory.

3. I have considered Mr Ng's submission with great care. Having regard to the evidence and the Magistrate's approach and findings, I am satisfied that his conclusion on those issues is not one which I can properly disturb.

4. The appeal is therefore dismissed.