THE QUEEN v. LI KIN WAI AND ANOTHER

THE QUEEN v. LI KIN WAI AND ANOTHER

Where the circumstances of a single police visit, combined with the physical layout, darkness, use of torches, number and design of booths and behaviour of hostesses, yield no plausible alternative conclusion, a magistrate may infer the premises were being used wholly or mainly by two or more women for the purposes of prostitution; the 2nd Appellant's conviction was therefore upheld, but the 1st Appellant's conviction was quashed because the alleged admission was inadmissible in the absence of the translating Sergeant and there was no other admissible evidence proving he managed the establishment.

Citation
THE QUEEN v. LI KIN WAI AND ANOTHER
Parties
Respondent: The Queen; 1st Appellant: Li Kin Wai; 2nd Appellant: Chan Wing Sam
Court
Court of First Instance
Jurisdiction
Hong Kong
Case Number
HCMA102/1985
Procedural Posture
Magistracy Criminal Appeal / Appellate Judgment (high Court)
Outcome
Appeal by 1st Appellant allowed in part; conviction of 1st Appellant quashed and fine set aside; appeal by 2nd Appellant dismissed.
Legal Topics
Vice Establishment, Prostitution, Keeping a Brothel, Admissions and Translation, Inspection of Police Documents, Inferences From Premises Layout
Source Language
EN
Criminal Law Sex Offences Evidence Appeals Vice Establishment Prostitution Keeping a Brothel Admissions and Translation +2 more

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Parties

The Queen

Respondent

Li Kin Wai

1st Appellant

Chan Wing Sam

2nd Appellant

Procedural Posture

Magistracy Criminal Appeal / Appellate Judgment (high Court)

Legal Issues

  1. 1 Whether premises were used wholly or mainly by two or more women for purposes of prostitution
  2. 2 Whether evidence from a single police visit can establish that premises are 'kept' as a vice establishment or 'used wholly or mainly' for prostitution
  3. 3 Whether the magistrate misapplied the test of 'kept' to the statutory requirement of 'used wholly or mainly'

Ratio Decidendi

Where the circumstances of a single police visit, combined with the physical layout, darkness, use of torches, number and design of booths and behaviour of hostesses, yield no plausible alternative conclusion, a magistrate may infer the premises were being used wholly or mainly by two or more women for the purposes of prostitution; the 2nd Appellant's conviction was therefore upheld, but the 1st Appellant's conviction was quashed because the alleged admission was inadmissible in the absence of the translating Sergeant and there was no other admissible evidence proving he managed the establishment.

Court Disposition

Appeal by 1st Appellant allowed in part; conviction of 1st Appellant quashed and fine set aside; appeal by 2nd Appellant dismissed.

Orders

  • Quash conviction of 1st Appellant Li Kin Wai.
  • Set aside the fine imposed on 1st Appellant.