13 Sept 2019
HKSAR v. WONG SIU-PONG
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA399/2018
s52(3) RTO requires proof of the driver’s subjective purpose to drive 'for the carriage of passengers for hire or reward' (a mens rea element); an agreement for carriage between driver and passenger is evidential but not an essential element; the provision is not overbroad nor unconstitutional as properly construed; on the facts the Appellants acted with a predominantly commercial purpose and expected reward from the journeys and convictions are therefore safe and upheld.