22 Dec 2017
HKSAR v. CHEUNG WAI KWONG
- Citation
- HKSAR v. CHEUNG WAI KWONG
- Court
- Court of Final Appeal
- Case number
- FACC4/2017
The proper construction of 'use' in s.52(1) RTO is the activity of exercising a measure of control, management or operation over a vehicle as a means of transport (including periods between journeys); 'use' is wider than 'drive' but imports more activity than merely being 'in charge'; the Windle v Dunning line limiting vicarious use to driver or employer applies only to vicarious cases and does not preclude an immediate actor (non-driver) being a user; on the facts the respondent's conduct did not amount to 'use' and the conviction for using an unlicensed vehicle must remain quashed.