13 Sept 2019
HKSAR v. LEE KWOK-LEUNG
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA396/2018
Section 52(3) RTO requires proof of the defendant driver's subjective purpose — the driving must be for the carriage of passengers with a predominantly commercial/business purpose such that the ride is 'for hire or reward'; a direct contractual agreement between driver and passenger is not a legal precondition (it is evidential only); the provision is not overbroad or unconstitutional as so construed; on the facts the appellants satisfied the mens rea and convictions were upheld.