Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Modus operandi of street deception
  • 18 Aug 2006

    HKSAR v. YANG XIANU

    Citation
    HKSAR v. YANG XIANU
    Court
    Court of First Instance
    Case number
    HCMA28/2006

    The appeal was allowed because the magistrate must have relied on judicial notice of a particular deception modus operandi not placed before the court, that modus operandi was not shown to be of the kind the ordinary person would be presumed to know, and the magistrate failed to notify the defence that she might take judicial notice, depriving the defence of the opportunity to respond and rendering the conviction unsafe.