Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory reform
  • 7 Mar 2014

    HKSAR v. CHAN YAU HEI

    Citation
    HKSAR v. CHAN YAU HEI
    Court
    Court of Final Appeal
    Case number
    FACC3/2013

    The Court allowed the appeal and quashed the conviction because the public element of the common law offence of outraging public decency requires commission in a physical, tangible place to which the public has access (distinct from the two‑person rule); the internet is a medium not a place, and on the admitted facts there was insufficient evidence where and by whom the posted message was accessed to satisfy the public element, notwithstanding that the message's content was capable of constituting the offence.