Deputy Special Magistrate HAU Cheuk-man Heavily Criticized by DHCJ Woo
胡國興狠批暫委特委裁判官侯焯汶所撰寫的裁斷陳述書寫得「滿目瘡痍、招人疑慮」
狠批判決滿目瘡痍 官質疑下級法官水平
高等法院暫委法官胡國興，今就一宗不小心駕駛上訴案頒下判詞，指原審的暫委特委裁判官侯焯汶當日所撰寫的裁斷陳述書寫得「滿目瘡痍、招人疑慮」、直指「可能令市民對司法人員的專業水平及態度減低，甚至失去信心」。
事緣上訴人林博文於2012年10月2日在油麻地弼街東行時，被指突然右轉而撞到右邊的私家車。原審裁判官在看罷上訴人車上攝錄器所拍下的影片後，認為被撞車輛一直在上訴人車後不遠處，裁定上訴人不小心駕駛。惟胡國興法官則指，錄影片段只看到撞車的一刻，不能證明原審裁判官所指的情況，胡官又指，原審裁判官的裁斷陳述書寫屢次將證人身分寫錯，值得商榷，最後胡官裁定上訴人上訴得直，案件亦毋須發還重審。
The Standard (Tuesday, March 11, 2014)
The High Court has set free a man convicted of careless driving after criticizing the magistrate (Deputy Special Magistrate HAU Cheuk-man) who found him guilty.
High Court judge Woo Kwok-hing said the ruling of the magistrate (Deputy Special Magistrate HAU Cheuk-man) was so poorly written it could weaken public confidence in the professional standards of judicial officers.
The driver, Baldwin Lam Pok-man, had been convicted in the Kowloon City Magistrates' Court of careless driving that caused an accident in Yau Ma Tei on October 2, 2012.
Lam was accused of making a sudden right turn and colliding with a vehicle on Bute Street near Canton Road. Lam appealed against the conviction.
In clearing Lam, Woo criticized Deputy Special Magistrate HAU Cheuk-man for basing his judgment on a video clip taken by a camera in Lam's vehicle.
Woo said the video showed only the moment of the crash and did not prove what Hau said was the closeness of the two vehicles before the accident.
Woo said Hau's judgment was riddled with holes and could weaken public confidence in judicial officers.
Deputy Special Magistrate HAU Cheuk-man was recently reappointed deputy special magistrate from October 2013 to April 2014.
Woo said the verdict would allow people to criticize judgments.
"It could cause citizens to reduce or even lose confidence in the professional standards and [working] attitude of judicial officers," Woo said.
"If [what was stated] in the judgment really was what the magistrate [Hau] meant, undoubtedly, the sentencing was not made on a sound basis."
Woo said Deputy Special Magistrate HAU Cheuk-man had wrongly deduced that since the collision occurred within two to three seconds of Lam making a right turn, the other vehicle must have been very close. Hau also said Lam did not pay attention to road conditions on his right when he was making the right turn.
Woo pointed out that the video clip did not show the exact location of the other vehicle before the collision. It is possible the other vehicle was traveling at high speed and consequently it could not be proved that Lam was driving carelessly.
"The judgment was not the result of a mistaken inference, but an inaccurate decision or understanding," Woo said. He cleared Lam of his conviction and said a retrial was unnecessary.
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