29 Nov 2019
HKSAR v. YIP KA-SHING
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA383/2018
The court decided that s52(3)(a) is concerned with the defendant driver's subjective purpose to provide carriage yielding reward; proof of a direct contractual agreement between driver and passenger is not required; reward must be linked to carriage though payment may come via third parties; the statutory purpose targets predominantly commercial carriage; the constitutional challenges (overbreadth/Articles 28 and 33) were not reasonably arguable and the s32 application for certificates was dismissed.