Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 52(3)(a) road traffic ordinance

  • 29 Nov 2019

    HKSAR v. CHAN PAK-KAY ANDREW

    Citation
    [2019] HKCFI 2899
    Court
    Court of First Instance
    Case number
    HCMA385/2018

    The offence under s52(3)(a) is proved by establishing the driver's subjective purpose to provide carriage of passengers from which he expected reward derived from the carriage; no requirement for an actual payment or a direct contractual agreement between driver and passenger; the provision is directed at predominantly commercial carriage (pak pai); the constitutional challenges were not reasonably arguable and the application for a certificate was dismissed.

  • 29 Nov 2019

    HKSAR v. WONG WAI-KEUNG

    Citation
    [2019] HKCFI 2899
    Court
    Court of First Instance
    Case number
    HCMA387/2018

    Application for a certificate dismissed because the central statutory interpretation question (meaning of 'for the carriage of passengers for hire or reward') is not reasonably arguable: s52(3)(a) focuses on the driver's subjective purpose to obtain reward from carriage (expectation of payment) but does not require direct agreement or actual payment; the carriage targeted is predominantly commercial; challenges based on overbreadth under BL28 and freedom of occupation under BL33 were not reasonably arguable in these consolidated appeals.