Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Permitting premises

  • 26 Aug 2010

    HKSAR v. LI JIN

    Citation
    HKSAR v. LI JIN
    Court
    Court of Appeal
    Case number
    CACC280/2009

    The summing up was defective because it failed to warn the jury that proof of possession in the matrimonial home requires more than knowledge and acquiescence; ability to control the premises is distinct from exercising control of the drugs themselves and establishing joint possession requires proof of participation or assistance beyond mere permission — accordingly the conviction was unsafe and was quashed with a retrial ordered.

  • 26 Sept 1969

    CHAN KAM WING v. THE QUEEN

    Citation
    CHAN KAM WING v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC617/1969

    The conviction could not stand because the Crown failed to prove beyond reasonable doubt that the appellant both knew the premises were being used as a brothel and knowingly permitted that use; the magistrate relied on insufficient and, in part, inadmissible inferences from episodic, equivocal evidence (brief apparent control, register possession, unclear sightings) and conflated apparent temporary control with regular keeping, thereby improperly inferring permission to use the premises for prostitution.