9 Jan 2015
The court refused to grant the s32(2) certificate because the matter involved the application of well‑settled legal principles, Chow Nok Hang did not manifestly disapprove the obiter in Chiu Hin Chung on the facts before it, and no point of law of great and general importance nor substantial and grave injustice was shown to justify certification.
18 Nov 2014
The magistrate was entitled to apply the common‑sense category of s17B(2) cases where upskirt filming in a public place is likely to provoke a breach of the peace among nearby members of the public; the discrepancies in evidence were properly found immaterial; conviction is affirmed. On sentence, deterrence is the dominant principle for this class of offence and a two‑month custodial sentence after trial is appropriate; no aggravation for proximity to a police station was justified, so the original 10‑week term is replaced by 2 months' imprisonment.
8 Dec 2009
The appeal was dismissed because the Magistrate was entitled to accept the eyewitness evidence and CCTV stills, to treat the similar conduct across the two incidents as admissible and probative, to reject the appellant's account and expert evidence on mental state, and no real lurking doubt remained; consequently the convictions under s17B(2) were properly confirmed.