HKSAR v. YEUNG MING TAT

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 155 OF 1998

(On appeal from ESK 344 of 1997)

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J U D G M E N T

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1. The Appellant was tried before P. Kelly Esquire in the Magistrate's Court sitting at Eastern on one charge of parking outside a motor cycle parking space contrary to Section 7(1) of the Fixed Penalty (Traffic Contraventions) Ordinance, Cap. 237. On 4th February 1998, the Appellant was convicted on the charge. He now appeals against his conviction. His grounds of appeal read as follows:

"Parking a motor cycle within an assigned legal parking space for motor cycle."

2. The ground of appeal is in fact the defence he raised in the Magistrate's Court. Having carefully considered this defence raised by the Appellant, the Magistrate said on the second page of his Statement of Findings as follows:

"From the Appellants photographs it is plain his vehicle was not parked within the confines of a "parking space". A "parking place" is designated by the marking on the surface of the road, not the upright sign indicating parking for motor-cycles only.

In the premises the Appellant was convicted."

3. Having regard to all the evidence before him, I am fully satisfied with the propriety of that conviction and the appeal is dismissed.