29 Nov 2019
HKSAR v. WONG SAI-MING
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA394/2018
The application for a certificate is dismissed because the central questions were not reasonably arguable: s52(3)(a) requires the prosecution to prove the defendant driver bore the subjective purpose of obtaining reward from the carriage of passengers (not necessarily direct payment or a direct contract with the passenger) and targets predominantly commercial carriage; constitutional challenges on overbreadth and Article 33 were either not engaged or not reasonably arguable on the facts and authorities.