Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 160(1) crimes ordinance
  • 12 Jul 1985

    WONG WAN CHING v. THE QUEEN

    Citation
    WONG WAN CHING v. THE QUEEN
    Court
    Court of First Instance
    Case number
    HCMA529/1985

    There were no material differences from The Queen v. Ma Kui; the constable effectively combined a request for explanation under s106(1) with an accusation of attempted theft thereby engaging the suspect's right to silence; where an officer suspects a separate offence he should charge for that offence rather than seek an explanatory answer under the loitering provision, and accordingly the appellant was entitled to remain silent and the loitering conviction must be quashed.