13 Sept 2019
HKSAR v. CHICK WAI-HO
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA415/2018
Section 52(3) RTO requires proof of the defendant driver's subjective purpose to drive 'for the carriage of passengers for hire or reward' (a mens rea element); an express or implied agreement between driver and passenger is evidence but not an essential element; the provision is not overbroad or unconstitutional as properly construed and is capable of applying to platform-mediated services such as Uber; on the facts the prosecution proved beyond reasonable doubt that the appellants acted with a predominantly commercial purpose and expected a reward derived from the carriage, so convictions a…