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HCMA42/2025
香港特別行政區 訴 鍾碩琛
Case Details
Case ReferenceHCMA42/2025
CourtCourt of First Instance of the High Court 高等法院(原訟法庭)
Date Published2026-03-18
LanguageTraditional Chinese
NCN[2026] HKCFI 1525
Claimant / Applicant香港特別行政區
Defendant / Respondent鍾碩琛
Judges高等法院原訟法庭暫委法官李俊文
Claimant Counsel律政司高級檢控官谷敏兒
Judgment Summary
Facts
- •Appellant charged with dangerous driving, convicted of careless driving.
- •Collision between appellant's taxi and PW1's car at Shan Kwong Road/Shan Tsui Road junction.
- •PW1 alleged appellant ran red light.
- •Appellant claimed he queued, couldn't see light, assumed green.
- •Magistrate found driving standard below careful driver but insufficient evidence for dangerous driving.
- •Appellant appealed conviction.
Issues
- •Whether Magistrate erred in accepting PW1 as honest witness.
- •Whether Magistrate misrecorded or misunderstood appellant's testimony.
- •Whether Magistrate failed to address discrepancies in evidence.
- •Whether evidence sufficed to prove careless driving beyond reasonable doubt.
Outcome
- •Appeal against conviction dismissed.
- •Conviction for careless driving maintained.
- •Original sentence upheld.
Implication
- •Appeals from Magistrates' Court are by way of rehearing.
- •Drivers must not proceed into junctions without clear visibility.
- •Assuming green light based on lack of traffic is not a valid defense.
- •Careless driving conviction stands even if dangerous driving not proven.
Laws & Authorities Cited
- §Road Traffic Ordinance (Cap. 374), s.37(1)
- §HKSAR v HUI LAI KI (許麗琪) [2024] 27 HKCFAR 265