13 Sept 2019
HKSAR v. LI SUI-LEUNG
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA395/2018
Section 52(3) of the Road Traffic Ordinance requires proof of the defendant driver's subjective purpose that the driving was for the carriage of passengers for hire or reward (a predominantly commercial purpose); there is no requirement of a direct carriage contract between driver and passenger and the provision is not overbroad or unconstitutional as properly construed; magistrate's remedial interpretation imposing distance-dependent reward requirement rejected; on the evidence the Appellants possessed the requisite purpose and convictions are upheld.