29 Nov 2019
HKSAR v. HUI KWOK-WAI
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA389/2018
The court held that s52(3)(a) criminalises driving carried out with the subjective purpose of carrying passengers from which the driver expects a reward derived from the carriage (not necessarily paid directly by the passenger); a direct agreement between driver and passenger is not a necessary element; the targeted carriage is predominantly commercial; the constitutional challenges on overbreadth (Article 28) and freedom of occupation (Article 33) were not reasonably arguable in this consolidated application, so no certificate granted.