THE QUEEN v. LAM WING NIN AND ANOTHER

THE QUEEN v. LAM WING NIN AND ANOTHER

The magistrate failed to address the essential ingredient whether the premises were 'kept' as a vice establishment (requiring findings on persistence/pattern); that omission was fatal to the convictions which must be quashed and a retrial ordered before a different magistrate.

Citation
THE QUEEN v. LAM WING NIN AND ANOTHER
Parties
Prosecution: THE QUEEN; 1st Appellant: LAM Wing-nin; 2nd Appellant: Yan Shing-kwong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 1993
Case Number
HCMA651/1993
Procedural Posture
Magistracy Appeal / Appellate Judgment on Appeal From Magistrate's Conviction
Outcome
Convictions quashed; retrial ordered
Legal Topics
Vice Establishment, Prostitution, Evidence, Retrial, Magistrates' Findings
Source Language
EN
Criminal Law Vice Establishment Prostitution Evidence Retrial Magistrates' Findings

Case Brief

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Parties

THE QUEEN

Prosecution

LAM Wing-nin

1st Appellant

Yan Shing-kwong

2nd Appellant

Procedural Posture

Magistracy Appeal / Appellate Judgment on Appeal From Magistrate's Conviction

Legal Issues

  1. 1 Whether the premises amounted to a 'vice establishment' under the statutory definition
  2. 2 Whether the premises were 'kept' as a vice establishment (requirement of pattern/persistence)
  3. 3 Whether evidence from a single occasion can suffice to prove that premises were kept as a vice establishment

Ratio Decidendi

The magistrate failed to address the essential ingredient whether the premises were 'kept' as a vice establishment (requiring findings on persistence/pattern); that omission was fatal to the convictions which must be quashed and a retrial ordered before a different magistrate.

Court Disposition

Convictions quashed; retrial ordered

Orders

  • Convictions quashed
  • Retrial de novo before a different magistrate