29 Nov 2019
HKSAR v. LAM KIN-FAT
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA405/2018
The application for a certificate was dismissed because the court held the correct construction of s52(3)(a) focuses on the driver's subjective purpose to provide passenger carriage for hire or reward (commercial character), does not require a direct agreement between driver and passenger or actual payment, and the constitutional challenges under Basic Law Articles 28 and 33 were not reasonably arguable on these facts.