7 Nov 2011
LAM YI LAI v. HKSAR
- Citation
- LAM YI LAI v. HKSAR
- Court
- Court of Final Appeal
- Case number
- FAMC30/2011
Even if the magistrate accepted that a touching occurred, he permissibly concluded that the contact could have been unintended in the context of a scuffle and, applying a correct subjective test, found that the applicant did not genuinely believe she had been indecently assaulted; on that basis and having evaluated all relevant evidence the magistrate and deputy judge were entitled to conclude the applicant knowingly made a false report, so leave to appeal was properly refused.