Friday, January 18, 2008

Police stand by speeding tickets

即係點先

South China Morning Post, 18 January 2008
Police stand by speeding tickets There can't be an error of 20km/h to 30km/h with lasers used by HK force, says professor

Police insisted yesterday that all pending prosecutions for speeding using laser guns were valid despite the reduction last week of a charge against a leading tycoon during which procedures for using the guns were questioned. The police also explained the confusion in the case had been caused by the use of a training manual that differed from the manufacturer's guide, but said the distance over which the gun's scope-alignment test was carried out was not the problem.
The statement from the force last night came as taxi and minibus operators facing speeding summonses were preparing to challenge them in the wake of the case, in which Lai Sun Development chairman Peter Lam Kin-ngok had a speeding charge reduced below a level that would have cost him his licence. It also followed a defence of the equipment by physics professor Tam Wing-yin, who advises police on use of the guns and has been testing them for nine years. Professor Tam said the devices were accurate to within 7km/h and "there is no way there will be an error of 20km/h or even 30km/h". Mr Lam had allegedly been clocked in his Ferrari at 114km/h in a 50km/h zone, but in the end admitted to 79km/h. Last night, a police spokesman reiterated the force had confidence in the guns' "undoubted accuracy and reliability" and would keep using them. "All other prosecutions for speeding remain valid as the accuracy of the laser gun is not in dispute," he said.
Explaining the change in the Lam case, the spokesman said that during the trial an internal training manual from another traffic formation had been used that differed in some respects from the manufacturer's manual. "As a result the prosecution felt it was unsafe to pursue the original offence." He gave no further details, but said anyone who felt aggrieved about a fixed-penalty speeding ticket could call the prosecutions division's hotline on 2860 6349.
Michael Clark, a British expert who testified for Mr Lam, said after the case that it was clear the machine had not been set up properly. At the hearing against Mr Lam in Tsuen Wan Court, Senior Constable Chan Tak-cheung admitted he had conducted a scope alignment test of the laser gun - to ensure it fell on the right target - from 60 metres, rather than the required 200 metres, "for the sake of convenience". In another test, he recorded the wrong distance. In an English court, a case would be thrown out for either of those reasons, Dr Clark said.
Professor Tam disagreed. "During the scope-alignment test, there is no requirement on the distance {hellip} [The officer] simply needs to point the gun at various targets at different distances and confirm the gun can receive different signals." The police spokesman said a distance of 50 to 60 metres was acceptable, and the 200 metre test was done only by the manufacturer during maintenance and repairs.

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