Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory defence under section 13(2)
  • 20 May 2003

    HKSAR v. FOK WAI MAN

    Citation
    HKSAR v. FOK WAI MAN
    Court
    Court of First Instance
    Case number
    HCMA393/2003

    Appeal allowed because the magistrate erred in treating the recorded conversations as sufficient proof of 'vice or immoral activities' and in finding that the appellant failed to establish the statutory defence under section 13(2); practically, the appellant could not have reasonably prevented the masseuses' conversational responses to undercover customers without effectively shutting the business, so conviction could not be sustained.