In ESS 37656,37657/2022 HKSAR v. Yip W.H., the defendant was charged with careless driving and failing to stop after an accident (personal injury). The prosecution alleged that the defendant’s car hit a traffic control officer (“TCO”) in the drop-off area of Ocean Park (“OP”) and left the scene. CCTV footage captured the entire incident. The defendant was acquitted of failing to stop after accident. 

During cross-examination, the TCO admitted that any accidents in the area (including the present accident) would be handled by his supervisor and he did not know if the defendant was told by the supervisor to leave the scene.

In closing submissions, the defence argued that the prosecution did not call the supervisor, who arrived at the scene after the accident, to testify and that the CCTV footage showed the supervisor letting the defendant’s car to leave after two conversations, leading to the possibility that the supervisor might have told the defendant to leave to avoid traffic disruption. While the defence accepted that the defendant did not give personal particulars to the TCO or the supervisor (i.e. the legal requirement of “stop”), it was submitted that in reliance of HKSAR v. Wong Yin Chak, HCMA296/2006, parties to an accident may agree to discuss the matters in somewhere else at a later stage. Thus, if the supervisor has ever told the defendant to leave first and would contact him after internal investigation, the requirement was already satisfied. 

The learned Magistrate considered that the circumstances under which the defendant left the scene were important. The defendant might have been directed to move the car to the coach parking area and as a matter of fact, he was still inside the area of OP. He even returned to the drop-off area after 5 minutes to pick up his passenger. The defendant was acquitted of failing to stop after the accident.

Emanuel Law is instructed by Ho & Partners Solicitors to represent the defendant as sole advocate.

Article reposted from LinkedIn of Mr. Emanuel Law of David Ma’s Chambers.