Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

S.52(3) rto
  • 23 Sept 2020

    HKSAR v. YUONG HO CHEUNG AND OTHERS

    Citation
    [2020] HKCFA 29
    Court
    Court of Final Appeal
    Case number
    FACC1/2020

    The phrase "for the carriage of passengers for hire or reward" in s.52(3) RTO covers carriage undertaken as a business or commercial arrangement whereby payment is made by the passenger or on his behalf (to the driver or a third party); it does not require a direct contract between the individual driver and passenger; ride‑hailing drivers operating via a third‑party platform fall within s.52(3); mens rea for driving/use must be proved and on the facts was established; appeal dismissed.