Hong Kong Case Law: Decisions & Judgments

Topic

Assisting management of a vice establishment

Legal area

Court

13 Nov 2003

HKSAR v. LAU LIN YING

Citation

HKSAR v. LAU LIN YING
Court

Court of First Instance
Case number

HCMA959/2003

The magistrate accepted the prosecution witnesses and the appellant's cautioned statement as voluntary and credible; those findings, together with evidence that the appellant solicited customers, opened doors and escorted clients to a room where sexual services were to be provided, supplied ample evidence to convict for assisting in the management of a vice establishment and there was no procedural or analytical error warranting appellate interference.
4 Jun 1998

HKSAR v. HEUNG WING KEUNG and Another

Citation

HKSAR v. HEUNG WING KEUNG and Another
Court

Court of First Instance
Case number

HCMA61/1998

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.
10 Jul 1997

HONG KONG SPECIAL ADMINISTRATIVE REGION v. LAI WAH

Citation

HONG KONG SPECIAL ADMINISTRATIVE REGION v. LAI WAH
Court

Court of First Instance
Case number

HCMA456/1997

The appellant's unchallenged admissions and the agreed facts (presence at premises used as a vice establishment, roles in cleaning and opening doors, knowledge of prostitution and supply of condoms, and conduct suggesting warning others) provided overwhelming evidence that he took a significant part in assisting the running of the vice establishment; the learned Magistrate's inferences were permissible and the conviction was safe and must be affirmed.
2 Jan 1991

THE QUEEN v. FONG SAU SHAN

Citation

THE QUEEN v. FONG SAU SHAN
Court

Court of Appeal
Case number

CACC379/1990

The convictions were upheld because the trial judge, after anxious careful review, properly assessed credibility and discrepancies, applied the statutory presumption under s137(2) correctly and reached findings of detention, management and sexual intercourse that were supported by the evidence; there was no unfairness or misdirection warranting leave to appeal.
5 Sept 1989

THE QUEEN v. SIU WAI-YIN AND ANOTHER

Citation

THE QUEEN v. SIU WAI-YIN AND ANOTHER
Court

Court of First Instance
Case number

HCMA607/1989

Although the magistrate admitted evidence of an outstanding unproved charge, he expressly stated he bore in mind it was unproved and it did not influence his assessment; given the accepted police evidence proving the premises operated as a vice establishment and the appellants' management role on the material date, the admission of the inadmissible material was not such as to render the convictions unsafe; therefore the appeals are dismissed.
27 Mar 1986

THE QUEEN v. KO CHI KUN (D2)

Citation

THE QUEEN v. KO CHI KUN (D2)
Court

Court of First Instance
Case number

HCMA240/1986

The magistrate properly accepted the police evidence and documentary patterns showing a system of 'buying out' and organised provision of sexual services; that established the premises as a vice establishment and the appellant, by advising availability and fixed pricing, knowingly assisted in its management, so the conviction under s.139(b) is sustainable.

Hong Kong Case Law

HKSAR v. LAU LIN YING

HKSAR v. HEUNG WING KEUNG and Another

HONG KONG SPECIAL ADMINISTRATIVE REGION v. LAI WAH

THE QUEEN v. FONG SAU SHAN

THE QUEEN v. SIU WAI-YIN AND ANOTHER

THE QUEEN v. KO CHI KUN (D2)