29 Nov 2019
HKSAR v. TSANG KWOK-MING
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA388/2018
The court held that s52(3)(a) RTO criminalises driving with the prohibited subjective purpose of carrying passengers for hire or reward; proof of a direct contractual agreement between driver and passenger is not required and actual payment is unnecessary; the provision targets predominantly commercial carriage (pak pai) and the constitutional challenges under Basic Law Articles 28 and 33 were not reasonably arguable in these proceedings, therefore no certificate was granted.