29 Nov 2019
HKSAR v. CHOW KWOK-KWONG ALAN
- Citation
- [2019] HKCFI 2899
- Court
- Court of First Instance
- Case number
- HCMA384/2018
The court held that s52(3)(a) RTO is concerned with the driver's subjective purpose to provide commercial carriage (for hire or reward); it does not require a direct contractual agreement between driver and passenger nor actual payment; the statutory phrase must be read in context and with precedent to target predominantly commercial carriage; the applicants' proposed narrow construction and constitutional challenges were not reasonably arguable, so the certificate application was dismissed.