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 From Hong Kong's Information Services Department
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February 15, 2008
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Law

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Courts accept laser gun accuracy
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Department of Justice

Hong Kong courts consider laser guns reliable for detecting speed and no doubt has been cast on their accuracy in cases held so far, Department of Justice Public Prosecutions Deputy Director John Reading says.

 

Mr Reading said today 27 laser-gun-detected speeding cases have been held since mid-September with all but one resulting in convictions. The only acquittal involved an incorrect registration number and the magistrate concluded it had nothing to do with the laser gun's accuracy.

 

While there was one case in which the defendant intended to contest the laser gun's accuracy, no witnesses gave evidence until the case ended and the magistrate had no doubt about the gun's accuracy.

 

Plea negotiations took place in two of the 27 cases - one of which has been known as the "Lam case". Both defendants were finally convicted and fined.

 

Mr Reading said research into recent cases showed the judge of an appeal challenging the gun accuracy in 2000 dismissed the case as he was satisfied with the magistrate's assessment of the laser gun procedure's accuracy and operator's competence.

 

Clarifying the Secretary for Justice's earlier reply in the Legislative Council over the Lam case, Mr Reading said the gun's accuracy was not doubted in the evidence and the case concerned operational matters.

 

Guidelines enhanced

While admitting human errors in the case, New Territories South Senior Superintendent Anthony Lam said it was an isolated incident and stressed the guns' accuracy is widely recognised and the model is widely used abroad.

 

Noting the Police will continue to use the device while watching for any new products, Mr Lam said a working group is reviewing training, administration and operation. Officers have been reminded to follow the user manual and operation guidelines.

 

To enhance use of laser guns Police Traffic Branch Senior Superintendent Shirley Chu said a new guideline in Chinese incorporating the manufacturer's user manual, Police requirements and standardised procedures will be implemented on March 1.

 

Police will simplify, clarify and standardise operation procedures and revise and improve training. Officers will be required to conduct pre-use and post-use tests of the laser guns.

 

Police have received 334 requests for speeding case review. The force has written to the nine drivers prosecuted on the same day and location as the Lam case to see if they want a review. One has made the request while replies from the others are pending.