Hong Kong Case Law: Decisions & Judgments

Topic

Private premises

Legal area

Court

18 Jan 2022

CHRIS AU v. STEVE YOON SOO KIM

Citation

[2022] HKCFI 148
Court

Court of First Instance
Case number

HCA1285/2014

Although binding contractual obligations to pay existed between the players, the 33 game sessions constituted unlawful gambling not within the s3(2) exception (predominant purpose was high‑stakes gambling; some sessions occurred in non‑private premises), therefore gaming contracts are unenforceable for illegality; insufficient evidence established cheating under s16(1)(b); Plaintiff's claim dismissed and Defendant's counterclaim for wrongly appropriated assets succeeded for HK$454,000 plus interest.
26 Oct 1988

THE QUEEN v. LAU KWOK WOO ANOTHER

Citation

THE QUEEN v. LAU KWOK WOO ANOTHER
Court

Court of First Instance
Case number

HCMA833/1988

The appellate court held the magistrate's credibility findings were supported by evidence (chips, payments, many players and rooms, membership procedures); the premises were society premises not private for s.3, the provision of tiles/charge constituted conduct by way of business, appellants knew of the gambling, and therefore convictions were lawful and appeals were dismissed.
14 Oct 1977

LEUNG SHUI AND OTHERS v. THE QUEEN

Citation

LEUNG SHUI AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC927/1977

The mahjong and sap ng wu games were games played for winnings, the guests occupied hotel rooms which are 'private premises' entered by permission but the regular hiring of tiles and provision of staff constituted promotion of gaming by way of trade or business under the Ordinance; therefore the premises were a gambling establishment and the appellants convicted of assisting in its operation were properly convicted.

Hong Kong Case Law

CHRIS AU v. STEVE YOON SOO KIM

THE QUEEN v. LAU KWOK WOO ANOTHER

LEUNG SHUI AND OTHERS v. THE QUEEN