HKSAR v. CHONG CHUN HO

DCCC1046/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1046 OF 2010

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Reasons for Sentence

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1.  You pleaded guilty to one count of dangerous driving causing death.

2.  Facts revealed that on 19 March this year, at around 11.30 am, the deceased’s vehicle got a flat tyre and was stationary on the second lane of the airport-bound North Lantau Highway. The deceased, instead of staying away from the highway, he chose to stand himself right behind the vehicle.

3.  In the meantime you were travelling along the same highway at a speed of around 100 kilometres per hour, also on the second lane. At the material time you were searching for a packet of cigarettes on the front passenger seat, and you kept searching the same for two to three minutes. During these two to three minutes you did look up to check the traffic ahead of you. You did this for several times. But when you looked up for the fourth time you noticed the deceased’s vehicle stationary right in front of you, in your lane. Because the distance between the two vehicles was so short that you were unable to break or to switch to another lane to avoid the collision, resulting in your vehicle rammed directly at PW1 who, at the material time, was standing behind his vehicle. The deceased received multiple fractures all over his body and died as a result.

4.  Any reasonable and prudent driver is expected to pay attention, be alert and to concentrate at all times whilst driving on the road, more so when driving on a highway at a high speed, in this case a speed of around 100 kilometres per hour. Any momentary lapse of concentration, albeit a split of second, could result in serious consequence. In this case you were searching for a packet of cigarettes whilst driving at a speed of around 100 kilometres per hour without focussing on the road condition ahead of you, and therefore causing this fatal accident. Your way of driving was obviously exceedingly dangerous.

5.  In sentencing you I will take into consideration your plea of guilty, which is your strongest mitigating factor. I also take into consideration your clear traffic record, except some fixed penalty tickets. Furthermore, I also agree with your counsel’s submission that had the deceased done the right thing, that is leaving the highway instead of standing behind his vehicle after the flat tyre, this fatal accident could have been avoided. Therefore I’ll also take this into account when sentencing you.

6.  It is clear that when the legislation decided to increase the maximum sentence of this offence from 5 years to 10 years’ imprisonment in July 2008 this reflects that the legislation takes a serious view of this offence. Although this is not the most serious kind of dangerous driving causing death case, deterrent sentence is still a must.

7.  After considering all the factors I have mentioned above, I will take 24 months' imprisonment as a starting point. Because of your plea I reduce it to 16 months. Because of your clear record I will further reduce it to 15 months. You are also disqualified from driving or holding a driving licence of all classes of vehicle for 2½ years. If you fail to comply with this order you may face a term of imprisonment.

8.  You are also ordered to attend a driving improvement course, and you are reminded that you have to attend this course within three months before the disqualification period expires. If you fail to do so, again you may face another term of imprisonment.