10 Apr 1985
THE QUEEN v. MA KUI
- Citation
- THE QUEEN v. MA KUI
- Court
- Court of First Instance
- Case number
- HCMA244/1985
The conviction could not stand because the prosecution failed to strictly prove the s160(1) offence: the officer coupled an accusation of attempted theft (tampering with letter boxes) with a demand for an explanation, thereby entitling the appellant to remain silent; the appellant's response ('give me a chance') amounted to silence and was not proof of an unsatisfactory explanation, so the loitering conviction was unsafe.