HKSAR v. CHOW SAI MAU

HKSAR v. CHOW SAI MAU

Given the appellant's possession of keys that opened premises containing substantial quantities of obscene DVDs, his furtive attempt to discard those keys in custody, his nervous conduct, and his election not to give evidence when an explanation was required, the magistrate was entitled to draw the only proper and irresistible inference that the appellant was in possession of the obscene articles for publication; the acquittal on Shop 23 was properly based on evidence of subletting.

Citation
HKSAR v. CHOW SAI MAU
Parties
Respondent: HKSAR; 2nd Appellant: CHOW SAI MAU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 August 2002
Case Number
HCMA246/2002
Procedural Posture
Criminal Appeal (magistracy Appeal) / Appeal Judgment (court of First Instance)
Outcome
Appeal dismissed
Legal Topics
Possession of Obscene Articles, Adverse Inference From Silence, Tenancy/subletting Evidence, Possession as Evidential Link
Source Language
EN
Criminal Law Evidence Obscenity Law Possession of Obscene Articles Adverse Inference From Silence Tenancy/subletting Evidence Possession as Evidential Link

Case Brief

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Parties

HKSAR

Respondent

CHOW SAI MAU

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Appeal Judgment (court of First Instance)

Legal Issues

  1. 1 Whether the magistrate was entitled to draw the sole and irresistible inference of possession from the appellant's possession and attempted disposal of keys and his nervousness and silence
  2. 2 Whether there was an inconsistency in acquittal on one shop but convictions on others and whether that affected safety of verdicts
  3. 3 Whether the magistrate erred in rejecting the 1st defendant's evidence without detailed reasons

Ratio Decidendi

Given the appellant's possession of keys that opened premises containing substantial quantities of obscene DVDs, his furtive attempt to discard those keys in custody, his nervous conduct, and his election not to give evidence when an explanation was required, the magistrate was entitled to draw the only proper and irresistible inference that the appellant was in possession of the obscene articles for publication; the acquittal on Shop 23 was properly based on evidence of subletting.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Convictions on three charges upheld