29 Nov 2019
HKSAR v. TONG PO-HIN
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA393/2018
The court held that s52(3)(a) criminalises driving with the subjective purpose of carrying passengers for hire or reward (mens rea element) but does not require actual payment or a formal/direct agreement between driver and passenger; the 'carriage' targeted is predominantly commercial in character; on that basis and having regard to authority and the certification test under s32(2), the proposed points (including overbreadth and Article 33 claims) were not reasonably arguable and certification was refused.