Q1. Is Uber legal?
No, it is illegal.
The Hong Kong Court of Final Appeal had reaffirmed the illegality of Uber in the case HKSAR v Yuong Ho Cheung & Ors [2020] HKCFA 29. Under Section 52(3) of the Road Traffic Ordinance (Cap. 374) :-
“No person shall—
(a) drive or use a motor vehicle; or
(b) suffer or permit a motor vehicle to be driven or used, for the carriage of passengers for hire or reward unless –
(i) the vehicle is licensed as a public bus, public light bus or taxi;
(ii) the vehicle is licensed as a private bus and the passengers are students, teachers or employees of an educational institution, disabled persons, or persons employed to assist disabled persons;
(iia) the vehicle is licensed as a private light bus and is used—
(A) as a school private light bus; or
(B) exclusively for the carriage of persons who are disabled persons and persons assisting them; or
(iii) a hire car permit is in force in respect of the vehicle.”
Since Uber is not licensed as a public bus, public light bus or taxi, the driver of Uber vehicle may be treated as driving or using a motor vehicle for the carriage of passengers for hire or reward, in the absence of any licence. The driver of Uber may be charged under Section 52(3)(a)(i) of the Road Traffic Ordinance (Cap. 374).
For the owner of the Uber vehicle, he or she may be charged under Section 52(3)(b)(i) of the Road Traffic Ordinance (Cap. 374) for suffering or permitting a motor vehicle to be driven or used for the carriage of passengers for hire, in the absence of any licence, provided that the owner of the vehicle has the requisite knowledge or intention or recklessness.
Any person who contravenes Section 52(3) of the Road Traffic Ordinance (Cap. 374) commits an offence and is liable in the case of a first conviction for that offence to a fine at $5,000 and to imprisonment for 3 months, and in the case of a second or subsequent conviction for that offence to a fine at $10,000 and to imprisonment for 6 months: see Section 52(10) of the Road Traffic Ordinance (Cap. 374).