A High Court judge yesterday granted leave for a judicial review of a speeding case after hearing that magistrates should be able to hear minor offences in the absence of defendants if they were represented by a lawyer. Mr Justice Michael Hartmann, sitting in the Court of First Instance, agreed that a higher court should clarify the issue. 'Hong Kong is notorious for having expats and locals spending time out of Hong Kong visiting factories on the mainland and closing business deals,'' he said. 'Hong Kong is a travel and financial hub and I understand that if there is an area of ambiguity, it places an intolerable burden on solicitors whether or not to advise their clients to take business trips or travel.' Businessman Owen Jon Inglis had sought a judicial review of a decision by Magistrate Eda Loh Lai-kuen on June 1 not to hear his case in the Sha Tin Magistrates' Court for allegedly exceeding the speed limit by 16 km/h. Mr Inglis was out of Hong Kong on business at the time and his solicitor appeared on his behalf. Counsel for Mr Inglis, Hectar Pun , told Mr Justice Hartmann yesterday that the higher courts had laid down precedents dictating that Mr Inglis was within his rights not to be present in court if he was ably represented. He said the Law Society had written to the chief magistrate outlining the position but to no avail. The issue was raised in March when Magistrate Wong Wai-kuen questioned why tycoon Richard Li Tzar-kai failed to appear in Eastern Court on a driving-related charge. Mr Li, 37, chairman of listed PCCW, was summonsed because he had lost 16 driving points within a two-year period. His defence counsel Cheung Wai-hing argued a precedent was set by two High Court cases, in which the defendants were not required to appear in minor cases, and were represented by a lawyer.
