Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 137 crimes ordinance

Legal area

Court

10 Jul 2020

RE DAVID PERRY, QC

Citation

[2020] HKCFI 1521
Court

Court of First Instance
Case number

HCMP751/2019

The application for ad hoc admission is allowed because the proposed appeal raises issues of unusual difficulty and complexity — both in the statutory construction of 'earnings of prostitution of others' applied to a novel web‑forum factual matrix and in the constitutional challenge to section 137(1) — and the applicant, given his established expertise in constitutional and criminal matters, can add a significant dimension to the appeal; accordingly ad hoc admission granted subject to the usual undertaking to appear with local counsel.
18 Nov 1987

ATTORNEY GENERAL v. IP PING KAN

Citation

ATTORNEY GENERAL v. IP PING KAN
Court

Court of First Instance
Case number

HCMA791/1987

The magistrate erred in finding no case to answer because section 137(2) applies where there is prima facie evidence that the defendant exercised control, direction or influence over a woman to further her prostitution; such evidence was present (respondent ushering and offering girls and knowing the services), payment not having been made is irrelevant to the presumption, and the burden accordingly shifts to the respondent to rebut the presumption; the matter is remitted to the magistrate to determine after hearing all evidence whether the respondent has rebutted the presumption.