13 Sept 2019
HKSAR v. TONG PO-HIN
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA393/2018
Section 52(3) RTO requires proof of a subjective purpose: the driver must be driving for the carriage of passengers 'for hire or reward' (a predominately commercial purpose); an agreement between driver and passenger is not a legal prerequisite though it may be evidence; the provision is not overbroad or unconstitutional as properly construed; the offence is not strict liability; on the facts the Appellants acted with the requisite commercial purpose and convictions are therefore upheld.