Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Objective standard of indecency
  • 5 Sept 1997

    HKSAR v. HO WING CHEONG

    Citation
    HKSAR v. HO WING CHEONG
    Court
    Court of First Instance
    Case number
    HCMA397/1997

    Where deliberate exposure of the private part in a public place is proved, the offence is to be assessed by an objective standard of indecency (whether right-minded persons would regard it as indecent); the defendant's lack of sexual gratification or absence of intent to upset or harass others is immaterial, and common law principles of public decency are not abrogated by the statute absent express provision.