Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Living on the earnings of prostitution

  • 17 Jul 2020

    HKSAR v. CHAN PAU CHI

    Citation
    [2020] HKCA 496
    Court
    Court of Appeal
    Case number
    CACC228/2019

    Leave to appeal was granted to D1 solely to the extent of joining and arguing the constitutional challenge to section 137(1) of the Crimes Ordinance (Charge 2); all other grounds of appeal against conviction and all grounds of appeal against sentence for D1 were refused; D2 was refused leave to appeal against conviction and sentence. The judge's factual findings were held to be supported by the evidence and sentencing decisions were within judicial discretion.

    • Conspiracy to lend at excessive interest
    • Living on the earnings of prostitution
    • Dealing with proceeds of crime
    • Mens rea: knowledge vs reasonable grounds to believe
    • Joint trial fairness
    • Constitutional challenge to s137 crimes ordinance

  • 19 Jun 2018

    HKSAR v. FUNG KA CHUN AND ANOTHER

    Citation
    [2018] HKCA 357
    Court
    Court of Appeal
    Case number
    CACC368/2016

    The judge found proven on the admitted facts that the Adult Forum was intended to and did facilitate prostitution such that membership fees and purchase of 'gold coins' were referable to and closely connected with prostitution; therefore those payments amounted to the earnings of prostitution of others and supported convictions, and leave to appeal was granted on interlinked legal and mixed law-and-fact grounds to be determined at full appeal.

    • Living on the earnings of prostitution
    • Aiding and abetting
    • Presumption under s137(1) crimes ordinance
    • Admitted facts trial (s65c cpo)
    • Compensated dating
    • Leave to appeal

  • 20 Aug 2010

    HKSAR v. CHAN KAM PO

    Citation
    HKSAR v. CHAN KAM PO
    Court
    Court of Appeal
    Case number
    CACC214/2009

    The judge gave adequate, balanced directions about the victim's evidence and inconsistencies, complied with the principle in R v Islam in substance, guilty pleas of co-accused to different offences did not render the applicant's convictions unsafe, and the jury were entitled to accept the complainant's account; therefore the convictions on all three counts were safe and leave to appeal was dismissed.

    • Rape
    • Controlling another person for purposes of prostitution
    • Living on the earnings of prostitution
    • Appeal — jury directions
    • Complaint evidence
    • Lurking doubt principle

  • 13 Dec 2004

    HKSAR v. KWOK WAI LUN

    Citation
    HKSAR v. KWOK WAI LUN
    Court
    Court of First Instance
    Case number
    HCMA754/2004

    Leave to appeal was refused because the matter raised no point of law of great and general importance; the prior decision rested on factual credibility findings and not on an arguable legal question within the ambit of s.32, and the application to introduce fresh evidence was inappropriate.

    • Living on the earnings of prostitution
    • Credibility of witnesses
    • Leave to appeal under s.32 cfa ordinance
    • Admissibility of fresh evidence

  • 28 Sept 2004

    SECRETARY FOR JUSTICE v. LEE CHO KEUNG AND OTHERS

    Citation
    SECRETARY FOR JUSTICE v. LEE CHO KEUNG AND OTHERS
    Court
    Court of Appeal
    Case number
    CAAR2/2003

    The sentencing judge erred in principle by suspending sentences and by adopting starting points and discounts that were manifestly inadequate given the large scale, sophistication and exploitative nature of the vice operation; the Court of Appeal substituted immediate custodial sentences (24 months for the first respondent; 13 months for each other respondent) after adjusting for plea, delay and other mitigating factors.

    • Suspended sentence
    • Conspiracy to manage a vice establishment
    • Living on the earnings of prostitution
    • Sentencing principles
    • Review of sentence
    • Deterrence

  • 8 May 2002

    HKSAR v. CHEUNG KING KING

    Citation
    HKSAR v. CHEUNG KING KING
    Court
    Court of First Instance
    Case number
    HCMA352/2002

    The magistrate was entitled to reject the appellant's account as implausible and accept the undercover officer's detailed evidence; because the magistrate properly approached the evidence and made factual findings establishing the offence, the appellate court must dismiss the appeal; furthermore, refusal to substitute duty counsel did not amount to reversible error as the scheme does not guarantee choice of counsel.

    • Living on the earnings of prostitution
    • Conviction appeal
    • Weight of evidence
    • Duty lawyer scheme
    • Right to counsel choice

  • 24 Nov 1999

    HKSAR v. YU KIN CHIU

    Citation
    HKSAR v. YU KIN CHIU
    Court
    Court of First Instance
    Case number
    HCMA869/1999

    The appellate court found the Magistrate carefully considered the evidence, properly dealt with the provenance of the appellant's statement by voir dire, accepted the prosecution witnesses and rejected the appellant's account; there was no error warranting interference with conviction or sentence, and no basis to suspend the sentences.

    • Soliciting for an immoral purpose
    • Living on the earnings of prostitution
    • Admissibility of statement (voir dire)
    • Appeal against conviction
    • Appeal against sentence / suspension

  • 29 Jan 1999

    HKSAR v. TONG KAM WAI

    Citation
    HKSAR v. TONG KAM WAI
    Court
    Court of Appeal
    Case number
    CACC358/1998

    The convictions were upheld because the trial judge's careful credibility findings, the consistency of taped evidence with PW1's account and the bank records (including a bank card found in appellant's possession) provided sufficient circumstantial proof of the appellant's connection to the offences; the sentences were not manifestly excessive given the organised, repeated nature of the offences, therefore leave to appeal was refused.

    • Blackmail
    • Living on the earnings of prostitution
    • Credibility of witness
    • Circumstantial evidence
    • Sentencing discretion
    • Legal aid

  • 8 Oct 1997

    HKSAR v. MO Wan-lung

    Citation
    HKSAR v. MO Wan-lung
    Court
    Court of First Instance
    Case number
    HCMA621/1997

    Because the magistrate accepted PW1's evidence but failed to make the necessary specific findings as to the nature of the monies (an essential ingredient) and did not address or resolve identified weaknesses and inconsistencies in PW1's testimony—relying instead on demeanour—the conviction was unsafe; the appeal is allowed, conviction quashed and sentence set aside.

    • Living on the earnings of prostitution
    • Conviction quashed
    • Sentence set aside
    • Witness credibility
    • Findings of fact

  • 21 Feb 1997

    R. v. YEUNG KWOK FAI

    Citation
    R. v. YEUNG KWOK FAI
    Court
    Court of Appeal
    Case number
    CACC582/1996

    The application for leave to appeal was refused because the trial judge's credibility findings and inferences from the police and civilian evidence were reasonable and dispositive; nothing raised on appeal undermined the integrity of those findings or rendered the convictions unsafe.

    • Managing a vice establishment
    • Living on the earnings of prostitution
    • Identification evidence
    • Witness credibility
    • Concurrent sentences