Kong Xiangsheng never thought that jaywalking, a casual misdemeanour committed by hundreds-of-thousands of people everyday, would land him in court.

But, yesterday, he found himself the first person in Shanghai prosecuted for a jaywalking-related death.

When crossing Chengshan Road on June 17, Kong took a short cut about 100 metres from the designated crossing.

A motorbike, turning into the road, swerved to avoid him and into the path of an oncoming truck.

With severe injuries to the head and chest, the 60-year-old motorcyclist, surnamed Lin, died soon after being sent to hospital.

The slightly injured Kong had stitches in the left part of his forehead and left leg.

He reported to a nearby police station two days later.

Shanghai Pudong New Area People's Court yesterday heard the case.

"It is Kong's neglect of traffic rules that caused Lin's death, therefore he should take the responsibility," said prosecutor Li Xiaowen.

Pedestrians are usually more seriously injured than motorists, and, according to Chinese law, it is usually the motorist who pays compensation even if the accident is the pedestrian's fault.

Kong's, however, is a special case because the motorist died.

The prosecutor suggested imprisonment of up to three years.

But a lenient sentence may be more likely, given Kong's timely surrender to police.

Yi Guorong, Kong's lawyer, argued that Kong should not shoulder all of the blame for the accident.

"Lin was driving too fast when he made the turn from anther road before the tragedy happened.

"Some experts we consulted say the reason for Lin's death is that he attempted to avoid Kong before hitting him," Yi said.

"The accident was caused by both of them, not just Kong."

Yi also said Lin had not been wearing a helmet and was driving in the middle lane.

According to traffic rules, motorcycles should be ridden in the side lane.

"Lin would not have died if he had driven slowly and in the right lane," said Yi.

But, prosecutor Li pointed out, there would have been no accident at all if Kong had used the pedestrian crossing.

Li said he hopes the case will give a warning to people who neglect basic traffic rules.

A survey by traffic police at a busy downtown crossing found that more than 100 pedestrians an hour crossed when the lights were red.

(China Daily October 26, 2005)