Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Failure to give satisfactory account

Legal area

Court

20 Sept 1980

KO PING SHUM AND ANOTHER v. THE QUEEN

Citation

KO PING SHUM AND ANOTHER v. THE QUEEN
Court

Court of Appeal
Case number

CACC636/1980

Appeals allowed because the particulars were defective in alleging inability rather than failure to give a satisfactory account and there was no evidence or judicial finding on the essential element of failing to give a satisfactory account/explanation, leading the magistrate to proceed as if the offence was loitering simpliciter, making the convictions unsafe.
8 Nov 1979

NG YUK-SIN v. THE QUEEN

Citation

NG YUK-SIN v. THE QUEEN
Court

Court of Appeal
Case number

CACC997/1979

To convict under s.160 the Crown must prove both loitering and a failure to give a satisfactory account; police must, before arresting for s.160, ask the suspect for an account and warn of consequences, and should not give a caution first because that may preclude obtaining the required explanation.
22 Jan 1970

CHOI TIN KWAI v. THE QUEEN

Citation

CHOI TIN KWAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC10/1970

The plea before the magistrate was voluntary and informed and the sentence was appropriate given the appellant's extensive prior convictions; accordingly the appeal against sentence is dismissed.