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.