Public Prosecutor v See Albert

• Jurisdiction: Singapore
• Judge: Wee Chong Jin CJ
• Judgment Date: 10 October 1970
• Neutral Citation: [1970] SGHC 15
• Citation: [1970] SGHC 15
• Date: 10 October 1970
• Published date: 19 September 2003
• Plaintiff Counsel: Chia Quee Khee (Deputy Public Prosecutor)
• Docket Number: Special Case No 1 of 1970
• Defendant Counsel: Defendant in person
• Court: High Court (Singapore)
• Year: 1970

This is a case stated by the first traffic magistrate before whom the defendant was charged with two offences, one of which was for using a motor-cycle on the road without there being in force in relation to the user a policy of insurance in respect of third-party risks, an offence under s 3(1) and punishable under s 3(2) of the Motor Vehicles (Third-Party Risks and Compensation) Ordinance 1960.

The facts were that on 23 January 1970 the defendant was riding a motor-cycle and at the time was in possession of a provisional driving licence which had expired on 7 October 1969. No `L` plates were displayed in the front and rear of the motor-cycle. He had a policy of insurance covering third-party risks for the motor-cycle which was still valid at the material date. Paragraph 5 of the insurance policy provided as follows:

Persons or classes of persons entitled to drive

The Policyholder only.

Provided that the person driving is permitted in accordance with the licensing or other laws or regulations to drive the motor vehicle or has been so permitted and is not disqualified by order of a court of law or by reason of any enactment or regulation in that behalf from driving the motor vehicle.

On his plea of guilty the magistrate convicted and fined him $60 and disqualified him from holding or obtaining a driving licence for a period of 12 months in respect of the offence under the said s 3(2). The question of law reserved for the consideration of this court is whether or not a learner driver who drives his motor vehicle whilst in possession of an expired provisional driving licence and who fails to display `L` plates or otherwise infringes the licensing rules or other regulations governing learner drivers is guilty of an offence under s 3(1) of the Motor Vehicles (Third-Party Risks and Compensation) Ordinance 1960.

The answer to this question must, in the first place depend upon a consideration of the material provisions of the insurance policy in question. I am assuming that nowadays all insurance policies covering third-party risks which are issued in Singapore contain a proviso in identical terms with the proviso in para 5 of the insurance policy in question in this case.

In the present case the defendant, under the terms of para 5 of his insurance policy, is `entitled to drive` his motor-cycle provided that when driving it he `is permitted in accordance with the licensing or other laws or regulations to drive` it or `has been so permitted and is not disqualified ... by reason of any enactment or regulation in that behalf from driving` it.

It seems to me to...