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Pop singer's brother jailed for 4 years

Updated: 2009-03-03 07:40

By Teddy Ng(HK Edition)

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HONG KONG: A Hong Kong motorist convicted of dangerous driving in the death of a motorcyclist has been ordered to spend four years in jail. Eric Au Chun-kit, 31, brother of pop singer Evan Au Chun-to, had previously amassed a record of eight driving convictions before getting in his car drunk one night last July, and killing a man.

Deputy District Judge Josiah Lam Wai-kuen said the accused had acted irresponsibly and recklessly.

The Malaysian wife of Au's victim however called the sentence too lenient.

"Other drivers will ignore the law because the penalty is lenient," she said. "Bad driving is like an insane man who can kill pedestrians."

The District Court heard that Au had killed the motorcyclist on July 5, one day after the maximum penalty for dangerous driving causing death was increased to 10 years imprisonment from five years.

The court heard that earlier that night, Au was drunk and passed out in a bar.

Later he awoke and tried to drive home. Au crashed into another vehicle in Wan Chai. He fled the scene, continuing his journey before striking and killing his victim on the Eastern Corridor.

The court heard that Au was driving 50 kilometers over the speed limit. His alcohol level registered 1.4 times above the legal limit.

Judge Lam said that after Au was taken into custody he refused to give a breath sample. Au tried to dilute his blood alcohol concentration by drinking water. He tried to blame his victim, telling police the motorcyclist had swerved in front of him.

The judge told Au he should not feel sorry for himself. Au's deadly crash was the first after the penalty for drunk drivers was doubled.

The judge pointed out that the stiffer penalties followed long consultation by the government and campaigns to promote responsible driving.

Au's previous eight driving convictions indicated that he had a deep-rooted driving problem, said Judge Lam.

He added that the minimum sentence for Au should have been six years in jail. Au was granted leniency because he pleaded guilty.

Au is also convicted of five other charges, including drunk driving. Each charge carries a sentence of two to 12 months imprisonment, which are to be served concurrently.

The court also imposed a fine of HK$2,000 and suspended Au's driving license for five years.

The wife of the dead motorcyclist, said Au should spend 10 years in jail. She said she plans to bring civil action against Au for damages. The victim's wife said she had refused Au's apology and offer of HK$70,000 compensation.

(HK Edition 03/03/2009 page1)

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