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Home›Macau›Police claim | Ride-hailing law in China cannot by applied to MSAR

Police claim | Ride-hailing law in China cannot by applied to MSAR

By Renato Marques, MDT
Wednesday, August 17, 2016
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A customer holds an Apple Inc. iPhone displaying the Uber Technologies Inc. car service application (app) logo in front of a taxi sign in this arranged photograph in Budapest, Hungary, on Wednesday, July 13, 2016. Uber will suspend its ride-hailing services in Hungary from July 24 following a government decision to pass a bill that allows authorities to block access to the mobile application and fine media promoting it. Photographer: Akos Stiller/Bloomberg
The recently approved regulation to legalize ride-hailing services in Mainland China cannot be applied to the MSAR, a Public Security Police Force (PSP) representative has told the Times.
Questioned about the possibility of the applicability of the law in question to the territory, the PSP responded that “as stipulated in Article 8 of the Basic Law, the laws previously in force in Macau and the laws enacted by the legislature of the MSAR shall be maintained. National laws shall not be applied in the MSAR apart from those listed in Annex III.” The Police Force also cited Article 18 of the same law.
“Since the provisional measures regarding online car-­hailing services are not listed in Annex III of the Basic Law, the measures shall not be applied in Macau,” the PSP concluded.
The mentioned Annex III of the Basic Law lists several topics, namely: Resolution on the Capital, Calendar, National Anthem, National Flag and Emblem of the PRC, Resolution on the National Day and Nationality Law of the PRC, Regulations of the PRC Concerning Diplomatic and Consular Privileges and Immunities, and the Law of the PRC on the Territorial Sea and the Contiguous Zone.
The PSP also remarked that, as previously mentioned by both PSP and DSAT, “making an appointment online to use hire car services is not forbidden by existing law in Macau,” adding that the “provision of such services is not inconsistent with existing law, as long as the vehicle is operating legally and that the motorist is qualified to drive the vehicle and has the relevant license as required by the law.”
PSP does not excluded the possibility that authorities might choose to make “amendment of existing relevant legal requirements” in order to follow “the practices in mainland China.” However, they added that this issue is said to be “beyond the purview of our force.”
The topic has been addressed during last Friday’s Legislative Assembly plenary session. Lawmaker Au Kam San argued that local authorities should follow China’s legalization of ride-hailing apps. He stated that the MSAR government should take inspiration from the mainland’s legalization of the taxi services in order to resolve issues with companies such as Uber.

Uber driver caught drunk driving sentenced to 4 months of imprisonment

The Uber driver who was stopped last Saturday driving under the influence of alcohol, was sentenced yesterday to four months of imprisonment and an 18 month driving prohibition, according to a statement from the Public Prosecutions Office (MP).
The statement detailed that the man was a repeat offender, and has been previously sentenced a similar misdemeanor. This is taken by the MP as proof that that the driver “didn’t learn [his] lesson and continued to commit [such an] offense.”
The Court of First Instance (TJB) judged the case in summary trial.
Since the defendant appealed the decision, suspending the application of sentence while the appeal is pending, the judge of the TBJ ordered the application of the coercive measures of Term of Identity and Residence and mandatory periodic presentation to the authorities every 15 days.

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