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Cyclist Colin Robertson was 39. Photo: SCMP

Van driver fined HK$4,500 over death of British cyclist, but cleared of dangerous driving

A cargo van driver was fined HK$4,500 on Tuesday for careless driving that led to the death of a British banker last year.

Thomas Chan

A cargo van driver was fined HK$4,500 on Tuesday for careless driving over an accident that led to the death of a British banker last year.

The driver, 55-year-old Lam Wing-sang, also had his licence suspended for one year. He was convicted of one count of careless driving for crossing double white lines and hatching.

But he was acquitted of another count of dangerous driving causing the death of cyclist Colin Robertson, a 39-year-old Briton who was chief financial officer for brokerage CLSA. He had earlier denied both charges.

As she sentenced Lam in Tsuen Wan Court, Magistrate Debbie Ng Chung-yee said: "The defendant's careless driving behaviour and the deceased's unwise decision of cycling on that road ... led to the misfortune."

Lam Wing-sang was convicted of one count of careless driving for crossing double white lines and hatching. Photo: SCMP Pictures
The maximum penalty for dangerous driving causing death is 10 years' imprisonment, while careless driving warrants a jail term of six months and a maximum fine of HK$5,000.

On June 5 last year, Robertson, a leading amateur cyclist, was riding past the DHL Central Asia Hub along the South Perimeter Road near Hong Kong International Airport when Lam's cargo van collided with him. The court heard that the speed of Lam's van at the time was about 37km/h, while that of Robertson's bike was about 33km/h.

Ng accepted Lam's argument that his vision was affected by the flashing lights of a fire engine that was travelling in front of him for some time before the collision.

"Putting oneself into the shoes of the defendant, it is normal for an ordinary driver to suffer from blurred vision following a fire engine that has flashing lights," she said. She said Lam should have stopped to ease the problem, but his behaviour did not constitute dangerous driving.

She also cited the road users' code published by the Transport Department, saying that cyclists should wear bright, light-coloured or reflective and fluorescent clothing. The court heard that Robertson was wearing dark clothing that night.

On hearing the verdict, Hong Kong Cycling Alliance chairman Martin Turner said that it was unacceptable for the court to blame the victim for the perfectly legal and normal action of using a public road.

"Claiming that his vision was impaired was just an excuse," Turner said. "And 30km/h is a perfectly normal speed for the road and [a cyclist of Robertson's] experience."

However Stanley Chaing Chi-wai, of a cross-border truckers union, urged the government to ban cycling on certain roads.

Between Fairview Park and Sheung Shui, for example, "there are many trucks and bicycles that have often created dangerous situations", he said.

He added that cyclists should not ride on roads at night as drivers frequently had a hard time seeing them, even with their headlights on.

This article appeared in the South China Morning Post print edition as: Driver fined in cyclist's death
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