Mr Gordon Chan prosecuted a high-profile traffic case in TMS 3182/2022, in which a man was found guilty of dangerous driving after trial.
An online video shows that the man drove a motorbike overtaking heavy traffic and through a zebra crossing without stopping, nearly missing a pedestrian.
As to why he didn’t stop, the driver’s defence is that the traffic blocked his view so that he couldn’t see the pedestrian. So, he was only being careless but not dangerous.
In convicting the driver of dangerous driving, the Magistrate rejected his evidence as that did not corroborate with other video footage and found that he had been exaggerating. More importantly, his evidence is immaterial in this case as he failed to maintain a safe speed to stop in time. Furthermore, the driving exhibited could likely result in serious injury to the pedestrian.
While it may seem that not giving way to pedestrians at a zebra crossing is a trivial matter, especially when no one is injured, as shown by this case this is a mistaken belief.
The driver faced a series of consequences. Not only was he fined $4,000, but he was disqualified from driving for 9 months, and also ordered to complete a driving improvement course. It was only lucky that neither the pedestrian nor him was injured.
Drivers should be cautious around zebra crossings and follow traffic rules. Not only will breaches result in serious punishment but also serious injuries and death.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
