6 June 2025
Chester Fung Successfully Appealed Against Conviction of Motor Racing
Chester Fung, led by Mr. Tony Li SC, instructed by Lawrence Wong and Gloria Ong of Messrs. Charles Yeung Clement Lam Liu & Yip, appeared for 3 successful appellants in HKSAR v Wong Tsz Chiu & Ors [2025] HKCFI 1807 for a magistracy appeal against conviction.
The Appellants were charged with: (i) motor racing; and (ii) driving without 3rd party insurance and were convicted after trial.
On appeal, DHCJ Edmond Lee noted that s.55(1)(a) Road Traffic Ordinance (Cap. 374) provides for two separate limbs of the offence (i.e. race or trial of speed). After hearing parties’ submissions, His Lordship held that these two elements refer to two distinct factual scenarios. Whilst ‘racing’ refers to situations where drivers compete against each other; ‘trial of speed’ refers to drivers racing against the clock. He further held that a clear absence of starting and finishing lines, and the lack of evidence on timing method are clear indications that there was no trial of speed involved.
In relation to the ‘racing’ limb, His Lordship reiterated that a ‘common sense’ approach must be adopted and all factors must be considered in round. The fact that the Appellants drove at speed together in the early morning is insufficient to support the finding of racing. His Lordship further considered the driving manner of the Appellants: the lack of aggressive driving behaviour, tailgating, or overtaking; and they were mostly driving in single file at the material times, the learned Magistrate has no factual basis to find the Appellants racing.
Members Profile: Chester C.K. Fung