13 Sept 2019
HKSAR v. FAN WING-YAU
- Citation
- [2019] HKCFI 2280
- Court
- Court of First Instance
- Case number
- HCMA404/2018
Section 52(3) of the Road Traffic Ordinance requires proof of the defendant driver's subjective purpose to drive 'for the carriage of passengers for hire or reward' (a mens rea element); a direct agreement between driver and passenger is not a necessary element though it is relevant evidence; the magistrate's remedial interpretation requiring distance-dependent reward was rejected; properly construed s52(3) is not overbroad under the Basic Law; on the facts the Appellants acted for a predominantly commercial purpose and convictions were sustained.