8 Jan 2015
Conviction was unsafe because the trial judge relied on material that he had not admitted as a confession (thereby improperly using hearsay to support the undercover officer's evidence) and privately relied on an external authority without notifying the parties; those errors undermined the assessment of credibility and proof beyond reasonable doubt.
17 Sept 2010
The magistrate did not err in law or fact in applying the 15-month guideline sentence; the appellant's age and background did not constitute humanitarian or exceptional circumstances sufficient to warrant a reduced sentence, therefore the appeal is dismissed and the 15 months imprisonment is affirmed.
1 Feb 2008
Section 147(1)(a) applies to solicitation by a man of a woman including where the woman is or appears to be a prostitute; an unambiguous offer of money for specified sexual acts by the appellant constituted solicitation for an immoral purpose and, on the magistrate's accepted findings, the evidence was sufficient to convict; therefore the conviction is safe and the appeal is dismissed.
2 Mar 2005
The court held that the cumulative circumstantial evidence — D1's role in arranging documents and travel, introductions to D2 and D3, shared travel and presence in Japan, involvement in meeting the proprietress, PW1's uncontradicted evidence of sexual services for customers and D1's post-offence telephone urging concealment of his identity — supported only the inference that the applicants participated in taking PW1 out of Hong Kong for the purpose of prostitution; D3's presence and actions demonstrated knowledge and assistance; therefore convictions and three-year sentences were upheld.
23 Apr 2004
Although the magistrate did not expressly address the separate element that the premises were 'kept' as a vice establishment, the accepted evidence (recruitment of girls and the routine offering of extended sexual services at a stated price) necessarily established that the premises were kept as a vice establishment; the omission did not cause unfairness and the conviction is upheld.
11 Feb 2004
Applicant's acts in Shenzhen — recruiting and delivering the woman to persons who transported her and doing so as part of a scheme to bring prostitutes to Hong Kong — constituted participation in the offence under s129(1); Hong Kong courts had jurisdiction to try him as a party to a joint enterprise whose substantive offence was committed in Hong Kong; the breach of the Secretary for Security's Rules in the first interview did not require exclusion of the interview records because statements were voluntary, a proper caution in the subsequent interview addressed the matter, and there was no ev…
14 Mar 2000
The magistrate's findings of fact were supported by evidence (undercover testimony and observations) and were neither against the weight of the evidence nor unsupported; the appellant's belated claim of being a cleaner was not raised at trial and was inconsistent with the evidence, therefore the conviction and five-month sentence were upheld.
1 Aug 1997
The magistrate's acceptance of reliable eyewitness evidence, corroborated by admissions and physical items, established the essential elements of managing a vice establishment beyond reasonable doubt; the appellate court will not disturb credibility findings and thus dismissed the appeal.
4 Mar 1997
The appeal for leave to challenge the two-year sentence was refused because the trial judge had properly considered all relevant factors, there was no evidence the applicant played only a minimal role in detaining the victim, and a two-year sentence was not excessive given the seriousness of the offence and the applicant's adverse report.
20 Dec 1996
The conviction was quashed because the prosecution withheld highly material evidence of nine other undercover visits which, if timely disclosed and properly considered, would have shown that the necessary element of persistent or habitual user was not established; the single incident evidence was insufficient on the totality of circumstances to prove the premises were kept as a vice establishment, and the non‑disclosure rendered the conviction unsafe.