29 Nov 2019
HKSAR v. YUONG HO-CHEUNG
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA381/2018
The court held that s52(3)(a) focuses on the driver's subjective purpose (mens rea) to carry passengers for hire or reward, does not require an actual payment or a direct contractual agreement between driver and passenger, and targets predominantly commercial carriage; the applicants' narrower 'direct agreement' construction and constitutional challenges on overbreadth and freedom of occupation were not reasonably arguable and certification was refused.