Lawyer Fu Yukang collided with a tourist bus while riding a bicycle on Lantau Island two years ago, and Fu's lower limb was run over and he died after being rescued by the hospital. The driver of the tourist bus who caused the accident was charged with dangerous driving causing the death of another person, he denied the charges, and the case was tried in the District Court today (26 December). After hearing the testimony, Judge Lian Jinhong immediately ruled that the bicycle that Fu was riding at the time of the crime suddenly crossed the lane where the tourist bus was located, and the collision would only occur, and as a prudent driver, it was impossible to anticipate the unreasonable driving methods of all people in advance.

The court revealed that after the accident, Fu was still clean and said: "I'm in so much pain, please remove the car." The driver also moved the car out, but Fu fell into a coma soon after, and died after being sent to the hospital for rescue.

The defendant, Qin Ka-hei (27), was charged with the death of Fu Yukang on 2021 October 10 by dangerous driving on Cheung Tung Road on Lantau Island.

After trial, the defendant, Chin Ka-hee, was found not guilty of dangerous driving and careless driving. (Profile picture)

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Qin was driving citizens to the food waste recycling workshop

The prosecution alleged that Qin was an outsourced driver of the EPD, who was responsible for driving the single-decker bus involved in the case that day, transporting members of the public to the food waste recycling workshop. PARK1」。 Xiangdong Road is a two-lane carriageway, the speed limit is 50 kilometers per hour, Qin's average speed is about 40 to 50 kilometers, at that time there were several bicycles in front of the left side of the tourist bus, and the front bicycle was driven by Fu. Seeing this, Qin hit the headlights, cut to the right driving lane, and crossed several of the bicycles, leaving only Fu's bicycle, when the tourist bus and Fu's bicycle were about 20 to 30 meters apart, Fu's bicycle began to move to the right towards the tourist bus, Qin did not drive particularly slowly, but still played the headlights.

Fu's bicycle swooped across the lane that cut into the tour bus

When the distance between the two cars was only about 10 to 15 meters, Qin had cut to the right lane, but Fu's bicycle suddenly crossed and cut into the lane occupied by the tourist bus. Qin immediately braked and screamed, but the windshield of the tourist bus still hit the bicycle, and the two vehicles collided before they could completely stop 10 to 20 meters away. Fu was later sent to the hospital for rescue and confirmed that he was dead, and the autopsy report showed that his right lower limb was run over by a car, his right femoral artery was severed, and his lower leg was lacerated.

Qin Zhifu's bicycle traveled slowly and swayed from side to side

When questioned, Qin pointed out that Fu's bicycle was "moving so slowly" and swaying from side to side, so he was ready to climb his head, but the bicycle suddenly approached to the right, and Qin pointed out that Fu "hit the horizontal and I drive and bury", Qin immediately twisted his left and still could not avoid it. When the coach hit the bicycle, he stopped immediately.

The docent pointed out that Fu was still awake at first after being hit

The prosecution summoned the docent on the tour bus to testify, and he said that he was sitting in the first row of intersections, and there were several bicycles in front of the left when the tour bus passed the location of the incident. Qin crossed several of the bicycles, and when Fu's bicycle remained, he began to drive slowly and hit the right headlight. When the tour bus had cut to the right line, the bicycle suddenly crossed and the two vehicles collided. Qin immediately braked the car, and the docent got out of the car to check, Fu was still awake at that time, and Fu Zeng said: "I'm in so much pain, please remove the car." Qin immediately moved the tourist bus back 1 to 2 meters, Fu Chu was awake, and soon after he fell into a coma and was sent to the hospital for rescue.

The officer concluded that there was no evidence that Qin was driving dangerously

After the prosecution finished presenting its evidence, the defense argued in the middle that the tour bus had completely cut to the right line at that time, but the bicycle suddenly rushed to the tour bus, pointing out that Qin was not responsible because he could not see how his driving style constituted dangerous driving, or even careless driving.

The judge found that the evidence in the case was insufficient to prove that Qin was driving dangerously, but ruled that the careless driving had reached the face of the evidence and continued the trial on the latter charges.

Careless driving was also not convicted

Qin chose not to defend himself. The judge ruled in real time that Qin's choice to slow down the car and turn the lights to the right may have caused a traffic accident, but his driving method did not violate traffic rules. Moreover, the docent witnessed that when the bicycle suddenly crossed the lane where the tour bus was located, the two cars collided. The judge stressed that the accident caused death or injury was of course a tragedy, but at that time, Qin was already on another driving line, and a reasonably prudent driver could not have anticipated in advance the unreasonable driving methods of all people, and drove the car into the line of driving where he was driving, holding that the prosecution had failed to prove that Qin's driving attitude was far below the standard of eligibility, and ruled that he was also guilty of careless driving.

Case number: DCCC 722/2022

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