13 Sept 2019
HKSAR v. TSANG KWOK-MING
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA388/2018
Section 52(3) RTO requires proof of a subjective purpose: the driver must have driven the vehicle with a predominantly commercial purpose to carry passengers 'for hire or reward'; proof of a direct carriage contract between driver and passenger is not a legal prerequisite (it is evidential only); the offence is not strict liability on the facts; remedial reinterpretation was unnecessary and overbreadth/Basic Law arbitrariness was not engaged; evidence supported convictions, so consolidated appeals dismissed.