29 Nov 2019
HKSAR v. WONG SIU-PONG
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA399/2018
The court held that s52(3)(a) criminalises driving where the driver subjectively intends to carry passengers 'for hire or reward'; proof does not require actual payment nor a direct contractual agreement between driver and passenger; the carriage must be predominantly commercial in character; on the facts the applicants' constitutional challenges under Basic Law Articles 28 and 33 were not reasonably arguable and the certificate application is dismissed.