HKSAR v. LAI CHI MAN AND ANOTHER

HKSAR v. LAI CHI MAN AND ANOTHER

The learned Magistrate's credibility findings were for her to make having seen and heard witnesses; no procedural or legal error was demonstrated on appeal, therefore her reliance on PW1 was justified and the convictions under s20(2) were properly sustained.

Citation
HKSAR v. LAI CHI MAN AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Lai Chi Man; 2nd Appellant: Siu Sai Keung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 August 2002
Case Number
HCMA642/2002
Procedural Posture
Criminal Appeal (magistracy) / Appeal Judgment
Outcome
Appeal dismissed; convictions upheld.
Legal Topics
Claiming Triad Membership, Credibility of Witnesses, Appeal Against Conviction, Section 20(2) Societies Ordinance
Source Language
EN
Criminal Law Organised Crime Statutory Offences Claiming Triad Membership Credibility of Witnesses Appeal Against Conviction Section 20(2) Societies Ordinance

Case Brief

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Parties

HKSAR

Respondent

Lai Chi Man

1st Appellant

Siu Sai Keung

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy) / Appeal Judgment

Legal Issues

  1. 1 Whether the appellants unlawfully claimed to be members of a triad contrary to s20(2) Societies Ordinance
  2. 2 Whether the learned Magistrate erred in relying primarily on PW1's evidence to the exclusion of other witnesses
  3. 3 Whether similarity between PW1 and PW2 statements undermined the prosecution case and required acquittal

Ratio Decidendi

The learned Magistrate's credibility findings were for her to make having seen and heard witnesses; no procedural or legal error was demonstrated on appeal, therefore her reliance on PW1 was justified and the convictions under s20(2) were properly sustained.

Court Disposition

Appeal dismissed; convictions upheld.

Orders

  • Appeal dismissed and convictions affirmed for both appellants.