Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Conspiracy to live on earnings of prostitution

Legal area

Court

20 Jan 2023

HKSAR v. FUNG KA CHUN AND ANOTHER

Citation

[2023] HKCA 59
Court

Court of Appeal
Case number

CACC368/2016

Court upheld the convictions: s.137(1) covers persons who derive income from facilitating or promoting prostitution where the financial gain is referable to and closely connected with prostitution (parasitic/exploitative participation); control/direction is evidential under s.137(2) not a required element; s.137(1) as applied is constitutionally valid and proportionate; appellants' constitutional challenges and arguments for a narrow construction fail.
12 Apr 2007

HKSAR v. SO SING

Citation

HKSAR v. SO SING
Court

Court of First Instance
Case number

HCMA1147/2006

The appeal was dismissed because the magistrate properly accepted the credible evidence of the undercover officers and the surrounding circumstantial evidence (room rentals, conduct, items seized and the notebook) provided a rational and irresistible inference of a conspiracy to live on the earnings of prostitution such that the conviction was not unsafe even if P55 was given weight without separate submissions.