Hong Kong Case Law: Decisions & Judgments

Topic

Vice establishment

Legal area

Court

20 Jan 2023

HKSAR v. FUNG KA CHUN AND ANOTHER

Citation

[2023] HKCA 59
Court

Court of Appeal
Case number

CACC368/2016

Court upheld the convictions: s.137(1) covers persons who derive income from facilitating or promoting prostitution where the financial gain is referable to and closely connected with prostitution (parasitic/exploitative participation); control/direction is evidential under s.137(2) not a required element; s.137(1) as applied is constitutionally valid and proportionate; appellants' constitutional challenges and arguments for a narrow construction fail.
20 Jan 2023

HKSAR v. CHAN PAU CHI

Citation

[2023] HKCA 59
Court

Court of Appeal
Case number

CACC228/2019

The Court held s.137(1) is to be construed to target parasitic/exploitative participation in the business of prostitution; s.137(2) is an evidentiary presumption (not an element); operators who run websites that facilitate and profit from advertising/promoting prostitution can lawfully be found to be living on the earnings of prostitution when the receipts are closely referable to that trade; the statutory provision does not infringe BL33, BOR14 or BOR5(1) as argued and, even if rights were engaged, the restriction is proportionate; appeals dismissed.
11 May 2010

SECRETARY OF JUSTICE v. LAU HON KEUNG AND OTHERS

Citation

SECRETARY OF JUSTICE v. LAU HON KEUNG AND OTHERS
Court

Court of Appeal
Case number

CACC156/2009

The judge was wrong to enter no case to answer in respect of Charges 4 and 7 because, independent of the impugned police witness evidence, there was sufficient admissible evidence for a jury properly directed to infer that the Temple Street Sauna and New Crystal Spa were being used for illicit vice activities on 13 June 2005 and that the 1st respondent, by virtue of his extensive and exclusive cheque-signing authority and large cash withdrawals from the companies' bank accounts, could reasonably be found to have known or had reasonable grounds to believe that monies he dealt with were proceed…
14 Aug 2009

HKSAR v. LI, SUI FONG

Citation

HKSAR v. LI, SUI FONG
Court

Court of First Instance
Case number

HCMA37/2009

The appeal is allowed because the evidence demonstrated two concurrent uses (residential and massage) and the prosecution failed to prove that the prohibited prostitution-related use was the main use of the premises, leaving a reasonable doubt as to an essential element of the offence.
8 Aug 2006

HKSAR v. LAI TZE KAI AND OTHERS

Citation

HKSAR v. LAI TZE KAI AND OTHERS
Court

Court of First Instance
Case number

HCMA434/2006

Given repeated immediate offers of sexual services on multiple visits, staff-wide knowledge and explanation of higher-priced sexual-service charges, covert practices (blacked-out windows), dual receipt system showing inflated customer payments, discovery of condoms and continuity across visits, the magistrate was entitled to infer the premises were mainly used to organise or arrange prostitution; therefore convictions were properly upheld.
12 Jan 2006

HKSAR v. FAN CHUN KEUNG

Citation

HKSAR v. FAN CHUN KEUNG
Court

Court of First Instance
Case number

HCMA417/2005

The evidence of repeated similar incidents and the manner in which girls were paraded and solicited permitted the irresistible inference of a system of prostitution; as licensee the appellant's knowledge of that system could be imputed and he thereby permitted breaches of licence conditions 7 and 8; the Liquor Licensing Board was empowered under the Dutiable Commodities Ordinance to attach such conditions and they were not ultra vires, therefore the convictions and fines were properly upheld.
23 Apr 2004

HKSAR v. MA PIK KI

Citation

HKSAR v. MA PIK KI
Court

Court of First Instance
Case number

HCMA950/2003

Although the magistrate did not expressly address the separate element that the premises were 'kept' as a vice establishment, the accepted evidence (recruitment of girls and the routine offering of extended sexual services at a stated price) necessarily established that the premises were kept as a vice establishment; the omission did not cause unfairness and the conviction is upheld.
14 Mar 2000

HKSAR v. LAM ALBEACHAT

Citation

HKSAR v. LAM ALBEACHAT
Court

Court of First Instance
Case number

HCMA181/2000

The magistrate's findings of fact were supported by evidence (undercover testimony and observations) and were neither against the weight of the evidence nor unsupported; the appellant's belated claim of being a cleaner was not raised at trial and was inconsistent with the evidence, therefore the conviction and five-month sentence were upheld.
10 Mar 1999

HKSAR v. IP TING TAI ROMEO

Citation

HKSAR v. IP TING TAI ROMEO
Court

Court of First Instance
Case number

HCMA740/1998

The magistrate made careful, reasoned findings on the necessary facts, rejected unreliable aspects of police evidence, excluded an invited statement, admitted the relevant post-caution admission, and there was ample untainted evidence to support that the premises were a vice establishment and that the appellants managed or assisted; therefore the convictions were safe and the appeals must be dismissed.
4 Jun 1998

HKSAR v. HEUNG WING KEUNG and Another

Citation

HKSAR v. HEUNG WING KEUNG and Another
Court

Court of First Instance
Case number

HCMA61/1998

The magistrate correctly applied the ordinary meaning of s.117(3)(b): premises used wholly or mainly for or in connection with organising or arranging prostitution fall within that subsection even if the sexual acts occur on the premises; given the factual matrix the magistrate properly found a vice establishment and the convictions were safe, so the appeal is dismissed.