Hong Kong Case Law: Decisions & Judgments

Topic

Massage establishments ordinance

Legal area

Court

13 Sept 2017

PERRINE CHAMONIX LTD v. STAR LEAGUE LTD AND ANOTHER

Citation

PERRINE CHAMONIX LTD v. STAR LEAGUE LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1139/2017

The Plaintiff was awarded costs because it obtained substantially what it sought (cessation of the brothel and undertakings) and the 1st Defendant had no credible defence and acted unreasonably and belatedly in terminating the lease; therefore costs follow the event and justice required costs in favour of the Plaintiff; costs were summarily assessed at HK$280,000.
20 May 2003

HKSAR v. FOK WAI MAN

Citation

HKSAR v. FOK WAI MAN
Court

Court of First Instance
Case number

HCMA393/2003

Appeal allowed because the magistrate erred in treating the recorded conversations as sufficient proof of 'vice or immoral activities' and in finding that the appellant failed to establish the statutory defence under section 13(2); practically, the appellant could not have reasonably prevented the masseuses' conversational responses to undercover customers without effectively shutting the business, so conviction could not be sustained.
30 Aug 2001

HKSAR v. POON SZE KWAN

Citation

HKSAR v. POON SZE KWAN
Court

Court of First Instance
Case number

HCMA468/2001

The magistrate did not order the fine to be paid out of bail; even if counsel's statement suggested bail could be used, that did not constitute an unlawful magistrate order. The magistrate properly assessed the appellant's means, the prior similar conviction and profit motive, and the $40,000 fine with a 4‑month sentence suspended for 2 years was not excessive. Appeal dismissed.
28 Jun 1988

THE QUEEN v. KAN CHI YUNG AND ANOTHER

Citation

THE QUEEN v. KAN CHI YUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMA306/1988

Minor factual discrepancy in PW1's account did not undermine his overall credibility; the totality of the evidence demonstrated a systematic operation of an unlicensed massage establishment and established the 1st appellant's knowledge and participation, and therefore the convictions were properly upheld.

Hong Kong Case Law

PERRINE CHAMONIX LTD v. STAR LEAGUE LTD AND ANOTHER

HKSAR v. FOK WAI MAN

HKSAR v. POON SZE KWAN

THE QUEEN v. KAN CHI YUNG AND ANOTHER