Q3. Do Uber passengers who merely take a ride commit any offences?
Under the current law, there is no explicit prohibition on the taking a Uber ride. Thus, Uber passengers merely taking a ride may not commit any offences. As said by the Court of Final Appeal in HKSAR v Yuong Ho Cheung & Ors [2020] HKCFA 29:
“Whether ride hailing services should be permitted to operate in Hong Kong, on the other hand, is a question of transport policy, not a question of law, and is not a matter for the Court to determine.”
It is difficult to establish that merely by taking a ride, Uber passengers are aiding, abetting, counselling or procuring the “driving”, “use”, “suffering or permitting a vehicle to be driven or used” of a Uber driver, because it is the voluntary and conscious decision of driver and/or owner to drive or use or suffer or permit to be driven or used the vehicle for carriage of passengers for hire or reward. A passenger did not take part in that particular decision to drive a Uber vehicle. A passenger did not aid, abet, counsel or procure a driver or owner of vehicle to drive, use, or suffer or permit the vehicle to be driven or used for that commercial purpose prohibited by the law. Thus, it is difficult to establish that a passenger is aiding, abetting, counselling or procuring driver’s commission of the offence under Section 52(3) of the Road Traffic Ordinance (Cap. 374).