Mr. Terence Wai (D.L.A.)
HCMA 749/1985
HCMA000749/1985
IN THE SUPREME COURT OF HONG KONG
Magistracy Appeal
No. 749 of 1985
BETWEEN
THE QUEEN
and
WU WING-FU
Coram: Hon. Kempster, J.A. (sitting as an additional High Court Judge)
Date of Hearing: 8th October 1985
Date of Judgment: 8th October 1985
___________
JUDGMENT
1. This is an appeal by Mr. Wu Wing-fu against his conviction on 2nd August of this year for failing to comply with traffic light signals. The circumstances were that a police constable was called who told the Magistrate that at 5.20 p.m. on 14th February he was on duty at the junction between Tai Wo Road and Nam Wan Road watching the traffic when he saw a vehicle driven by the appellant cross from Tai Wo Road and turn into Nam Wan Road without stopping at the red traffic lights. The officer intercepted the appellant and charged him with that offence. The appellant gave evidence and denied that he had gone through on the red; to have gone through on the yellow. But the learned Magistrate, who had claiming to assess the relative credibility of the witnesses, accepted fully the evidence of the police constable and found as a face that the appellant did go through the red lights as stated. I find no inconsistency between that finding and the subsequent unnecessary and academic finding as to what the appellant himself claimed that he did.
2. In the circumstances this appeal must fail and it is dismissed accordingly.
(M. Kempster)
Justice of Appeal
Representation:
Mr. Terence Wai (D.L.A.) for appellant
Mr. J. Abbott for D.P.P.