22 Jan 2024
香港特別行政區 訴 徐智勇
- Citation
- [2024] HKCFI 240
- Court
- Court of First Instance
- Case number
- HCMA114/2023
The trial judge properly accepted PW1's direct observation (via reflection) as credible and reliable; the observed act of placing an operating phone under the complainant's skirt, together with surrounding circumstances, supported the only reasonable inference that the appellant intended to observe or photograph private parts for a sexual purpose in breach of section 159AAC; limitations of CCTV and absence of recovered images did not create reasonable doubt. The conviction is therefore safe and appeal is dismissed.