HKSAR v. HEUNG WING KEUNG and Another

HKSAR v. HEUNG WING KEUNG and Another

The magistrate correctly applied the ordinary meaning of s.117(3)(b): premises used wholly or mainly for or in connection with organising or arranging prostitution fall within that subsection even if the sexual acts occur on the premises; given the factual matrix the magistrate properly found a vice establishment and the convictions were safe, so the appeal is dismissed.

Citation
HKSAR v. HEUNG WING KEUNG and Another
Parties
Respondent: HKSAR; 1st Appellant: Heung Wing Keung; 2nd Appellant: Lo Chau Ling
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 June 1998
Case Number
HCMA61/1998
Procedural Posture
Criminal Appeal / Appeal Against Conviction to Court of First Instance (appellate Jurisdiction)
Outcome
Appeal dismissed; convictions upheld
Legal Topics
Vice Establishment, Crimes Ordinance S.117(3)(b), Managing a Vice Establishment, Assisting Management of a Vice Establishment, Purposive Vs Literal Interpretation
Source Language
EN
Criminal Law Statutory Interpretation Sexual Offences Prostitution Law Vice Establishment Crimes Ordinance S.117(3)(b) Managing a Vice Establishment Assisting Management of a Vice Establishment +1 more

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Parties

HKSAR

Respondent

Heung Wing Keung

1st Appellant

Lo Chau Ling

2nd Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction to Court of First Instance (appellate Jurisdiction)

Legal Issues

  1. 1 Whether the premises were used wholly or mainly for or in connection with organising or arranging prostitution within s.117(3)(b)
  2. 2 Whether s.117(3)(b) is limited to arranging prostitution that takes place off the premises (eg. escort agencies)
  3. 3 Whether the magistrate erred in law in applying s.117(3)(b) given there was only one prostitute present

Ratio Decidendi

The magistrate correctly applied the ordinary meaning of s.117(3)(b): premises used wholly or mainly for or in connection with organising or arranging prostitution fall within that subsection even if the sexual acts occur on the premises; given the factual matrix the magistrate properly found a vice establishment and the convictions were safe, so the appeal is dismissed.

Court Disposition

Appeal dismissed; convictions upheld

Orders

  • Appeal dismissed
  • Convictions of managing and assisting in management of a vice establishment upheld