13 Sept 2019
HKSAR v. CHOW KWOK-KWONG ALAN
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA384/2018
Section 52(3) RTO requires proof of the defendant driver's subjective purpose to drive 'for the carriage of passengers for hire or reward' (a predominantly commercial/business purpose) and does not require a direct contract between driver and passenger; s52(3) is not overbroad or unconstitutional as properly construed, and on the facts the Appellants' convictions were supported because they drove in pursuit of a remunerative, journey-dependent commercial purpose; appeals dismissed.