Read the full judgment text of CACC 000416/1969 on BabelCite. This Court of Appeal judgment was delivered on 5 September 1969 before Rigby, S.P.J., Briggs & McMullin JJ..
Criminal law – motor vehicles – use of private car for hire or reward – third-party insurance – interpretation of 'use' – Road Traffic (Registration and Licensing of Vehicles) Regulations Reg 29 – Motor Vehicles Insurance (Third Party Risks) Ordinance s.4(1) and s.6 – whether habitual user required – plain-clothes police officers in pirate taxi operation – Certificate of Insurance excluding use for hire or reward – English Court of Appeal obiter dicta in Connell v. Motor Insurers Bureau approving Branson J. in Wyatt v. The Guildhall Insurance Co. Ltd. – held that 'use' bears its ordinary and natural meaning and a single instance suffices to constitute the offence – Full Court bound by its prior decision in Attorney General v. Lun Chan (1964) H.K.L.R. 763 – English Court of Appeal not binding on Full Court and obiter dicta not followed – appeal against conviction dismissed.
Legal issues: Interpretation of 'use' in s.4(1) of the Motor Vehicles Insurance (Third Party Risks) Ordinance and Regulation 29(1) of the Road Traffic (Registration and Licensing of Vehicles) Regulations
Outcome: Appeal dismissed; convictions on both charges upheld.