Hong Kong Case Law

31 Mar 1978

CHIU YIU-HUNG AND OTHERS v. THE QUEEN

Citation

CHIU YIU-HUNG AND OTHERS v. THE QUEEN

Court

Court of Appeal

Case number

CACC139/1978

Where both cautioned agreed statements and extensive oral evidence are before the trial court and no objection is taken, the trial magistrate was entitled to accept the oral evidence establishing a substantial connection between the ballroom and the apartment and to find the premises operated as a brothel; on that basis the convictions for keeping a brothel and for aiding and abetting were properly supported and are upheld.

• Keeping a brothel
• Aiding and abetting
• Admissibility of cautioned statements
• Agreed facts
• Mens rea
• Judicial fact-finding

29 Dec 1977

LIU SHUK HAN v. THE QUEEN

Citation

LIU SHUK HAN v. THE QUEEN

Court

Court of Appeal

Case number

CACC1287/1977

The magistrate erred by treating a prior conviction for keeping an unlicensed massage parlour as proof of a predisposition to commercialised sexual activities; because that factual premise was incorrect the imprisonment term was excessive and was quashed and the fine reduced from $1,000 to $600.

• Keeping a brothel
• Unlicensed massage parlour
• Sentence mitigation
• Prejudice from previous convictions
• Maximum penalties

24 Oct 1973

LAI HUNG v. THE QUEEN

Citation

LAI HUNG v. THE QUEEN

Court

Court of Appeal

Case number

CACC776/1973

The appellate court held that the prosecution evidence, if believed, was sufficient to establish that the appellant had management or control of the premises within the statutory definition and that the conviction was not against the weight of the evidence; the magistrate was entitled to accept the police evidence and dismiss conflicting explanations, therefore the appeal is dismissed.

• Keeping a brothel
• Keeper definition
• Weight of evidence
• Identification of accused
• Admissions

THE QUEEN v. LI KIN WAI AND ANOTHER

Citation

THE QUEEN v. LI KIN WAI AND ANOTHER

Court

Court of First Instance

Case number

HCMA102/1985

Where the circumstances of a single police visit, combined with the physical layout, darkness, use of torches, number and design of booths and behaviour of hostesses, yield no plausible alternative conclusion, a magistrate may infer the premises were being used wholly or mainly by two or more women for the purposes of prostitution; the 2nd Appellant's conviction was therefore upheld, but the 1st Appellant's conviction was quashed because the alleged admission was inadmissible in the absence of the translating Sergeant and there was no other admissible evidence proving he managed the establish…

• Vice establishment
• Prostitution
• Keeping a brothel
• Admissions and translation
• Inspection of police documents
• Inferences from premises layout