Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Permitting use
  • 13 Oct 1977

    CHUNG KOON-WANG AND ANOTHER v. THE QUEEN

    Citation
    CHUNG KOON-WANG AND ANOTHER v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC987/1977

    Owner CHAN's conviction quashed because precedent compels that a registered owner cannot be treated as 'using' the vehicle where the driver was not his servant and the facts fitted the hire/shift system; the charge should have been 'permitting' if owner liability was sought. Driver CHUNG's conviction upheld because he was the user driving for his own benefit and the offence of using with defective brakes is absolute.