Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Claiming/professing membership
  • 27 Feb 1985

    ATTORNEY GENERAL v. HO WAI CHUEN

    Citation
    ATTORNEY GENERAL v. HO WAI CHUEN
    Court
    Court of First Instance
    Case number
    HCMA124/1985

    The cautioned admissions lacked sufficient detail (no initiation or overt acts) to found a conviction for membership by themselves; a confession under caution to a police officer cannot itself constitute claiming or professing membership though it can be admissible evidence of membership; the trial judge did not err in stopping the trial and dismissing the charge before calling the prosecution's expert because expert evidence is necessary to establish the society's unlawful character and the admissions alone did not disclose a case to answer.