HKSAR v. Cheung Wai Kwong

FAMC No. 51 of 2016

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 51 OF 2016 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL FROM

HCMA NO. 271 OF 2016)

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BETWEEN

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D E T E R M I N A T I O N

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The Appeal Committee:

1.We grant leave to appeal on the questions of great and general importance identified in the Notice of Application for Leave to Appeal, namely:

“In the context of the regulatory regime under the Road Traffic Ordinance Cap.374 and its provisions governing road traffic offences and, in particular, in relation to the offence of using an unlicensed vehicle contrary to section 52(1)(a) and 52(10)(a) of the Road Traffic Ordinance, Cap.374:

(1) What is the meaning of “use”?

(2) Whether the meaning of “use” is in any way qualified by “drive”?

(3) Whether, in relation to a person having the immediate “use” of a vehicle, the meaning of “use” is in any way qualified by the presence in a provision of the alternative of permitting or suffering the vehicle to be used or otherwise by the capacity of such a person?”

2.The appeal will be heard on 28 November 2017.

Ms Vinci Lam, Senior Assistant Director of Public Prosecutions and Mr Ivan Cheung, Public Prosecutor, of the Department of Justice, for the Applicant

Mr Hectar Pun SC, Mr Peter Yu and Mr Anson Wong Yu Yat, instructed by Messrs. Y.H. Yeung & Associates, assigned by the Director of Legal Aid, for the Respondent