Ride-sharing giant Uber is to merge its China operations with local rival Didi Chuxing, reports say. Photo by AFP
KOTA KINABALU: A local man yesterday filed an application for judicial review over the use of Uber services at the High Court here.
Joe Vincent Singgoh, 53, filed an ex-parte application for judicial review through his counsel Marcel Jude, naming Commercial Vehicles Licensing Board and Malaysian Royal Police as the first and the second respondents respectively.
In the judicial review application, Joe, who is a driver and user of Uber services, sought an order of prohibition against the respondents from using or relying on the provisions of Section 33 of the Commercial Licensing Vehicles Act 1987 to prosecute or to prohibit him from driving or making drives for Uber Technologies Inc.
Under Section 33 of the Commercial Licensing Board Act 1987, no person may use a motor vehicle or cause or permit a motor vehicle to be used as a public service vehicle unless there is in force in respect of the vehicle a licence authorising such use, or otherwise than in accordance with the licence and any conditions attached to the licence.
In his affidavit in support, Joe says persons driving for Uber Technologies should not be unlawfully persecuted and subject to act of violence or threats by third parties.
He said ordinary people, who are undergoing hard times due to the downturn of the economy, cannot be persecuted or prosecuted unlawfully.
Joe further stated that it is the responsibility of Uber Technologies Inc. to obtain the relevant licences as well as the obligation of Uber Technologies Inc. to comply with the law and not the user or consumer.
He is also seeking an order of prohibition against the respondents from using or relying on the same provisions to prosecute or to prohibit him from using the services of Uber Technologies Inc.
Apart from that, Joe is also seeking a declaration that any prosecution or prevention or prohibition in any manner of him to drive or making any drives for Uber Technologies Inc. and issued by the respondents whether by themselves or by their servants or agents is unlawful and or ultra vires.
He also sought a declaration that any prosecution or prevention or prohibition in any manner of him to use the services of Uber Technologies Inc. and issued by the respondents whether by themselves or by their servants or agents is unlawful and or ultra vires.
Other than that, Joe sought a mandatory injunction against the respondents to restrain the respondents whether by themselves or by their servants or agents from prosecution or prevention or prohibition of him to drive or make drives for Uber Technologies Inc.
Joe also sought a mandatory injunction against the respondents to restrain the respondents whether by themselves or by their servants or agents from prosecution or prevention or prohibition of him to use the services of Uber Technologies Inc.