Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Hostility element
  • 24 Mar 2017

    HKSAR v. SHEK KWOK NGAI

    Citation
    HKSAR v. SHEK KWOK NGAI
    Court
    Court of First Instance
    Case number
    HCMA261/2016

    Hostility is not an essential element of non-physical contact indecent assault; on the facts the magistrate was entitled to find from the video and other evidence that the appellant intended his exposed penis to be seen and to cause the complainant to apprehend immediate unlawful violence and that his acts were more than merely preparatory; conviction is safe and upheld.