Section 78: Discrimination – Constitutionality of inequality of treatment—Plaintiff

78. Discrimination – Constitutionality of inequality of treatment—Plaintiff contended that section 68A of the Road Traffic Act is unconstitutional since it treats the drivers of privately owned vehicles differently from those who drive State-owned vehicles. The latter are not subjected to fines for noncompliance with the provisions of section 68J. Plaintiff’s attack was based on section 16 (3) of the Constitution generally, and not on any of the specific grounds listed there. His Counsel argued that section 16 (1) proscribes any enactment which is discriminatory in its effect, whether minor or not. HELD sections 3 and 16 of the Constitution, even if construed with section 1, do not apply to inequalities of treatment on grounds falling outside the grounds listed in those sections. Tsang Man Kin v State (2006). CON – 189 [Issue 1] The Constitution