HKSAR v. CHAN CHO YIM & ANOTHER

HKSAR v. CHAN CHO YIM & ANOTHER

The appellate court found no merit in the grounds of appeal: the learned Magistrate legitimately accepted PW1's evidence despite minor inconsistencies, drew permissible inferences from the blatant conduct of staff and surrounding circumstances that supported a finding of a system, and reasonably concluded the...

Source-derived case information.

Citation
HKSAR v. CHAN CHO YIM & ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Chan Cho Yim; 2nd Appellant: Kam-Ek, Rungtip
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2003
Case Number
HCMA476/2003
Procedural Posture
Criminal Appeal (magistracy Appeal) / Appeal Judgment on Hearing From ESCC 3605 of 2002
Outcome
Appeal dismissed; conviction of 1st Appellant affirmed; 2nd Appellant's appeal treated as abandoned and dismissed
Legal Topics
Breach of Licence Condition, Immoral Activities, Credibility and Weight of Witness Evidence, Inference From Primary Facts, Duty to Take Reasonable Steps
Source Language
en
Criminal Law Regulatory/licensing Law Evidence Law Breach of Licence Condition Immoral Activities Credibility and Weight of Witness Evidence Inference From Primary Facts Duty to Take Reasonable Steps

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Parties

HKSAR

Respondent

Chan Cho Yim

1st Appellant

Kam-Ek, Rungtip

2nd Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Appeal Judgment on Hearing From ESCC 3605 of 2002

Legal Issues

  1. 1 Whether the appellant failed to take reasonable steps to prevent immoral activities on licensed premises
  2. 2 Whether the learned Magistrate erred in assessing the credibility and weight of PW1's evidence after PW1 stated he was 'not sure' his prior evidence was full and accurate
  3. 3 Whether the facts supported an inference of a system operated by staff to offer sexual services rather than an isolated incident

Ratio Decidendi

The appellate court found no merit in the grounds of appeal: the learned Magistrate legitimately accepted PW1's evidence despite minor inconsistencies, drew permissible inferences from the blatant conduct of staff and surrounding circumstances that supported a finding of a system, and reasonably concluded the appellant failed to take steps to prevent immoral activities. There was no legal misdirection or insufficiency of reasons warranting overturning the conviction; the appeal was dismissed.

Court Disposition

Appeal dismissed; conviction of 1st Appellant affirmed; 2nd Appellant's appeal treated as abandoned and dismissed

Orders

  • Appeal of 1st Appellant dismissed and conviction upheld
  • 2nd Appellant's appeal treated as abandoned and dismissed