HKSAR v. Yuong Ho Cheung

[2018] HKMagC 3

KCCC 3412-3432, 3496, 3629, 3969,
3971, 3974/2017, 502 & 503/2018

(Consolidated for Verdicts)

IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3412 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3413 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3414 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3415 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3416 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3417 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3418 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3419 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3420 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3421 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3422 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3423 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3424 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3425 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3426 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3427 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3428 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3429 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3430 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3431 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3432 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3496 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3629 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3969 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3971 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 3974 OF 2017

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 502 OF 2018

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IN THE KOWLOON CITY MAGISTRATES’ COURTS OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 503 OF 2018

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Before: Joseph To, Magistrate

Dates of Hearing: 9 April, 28 May, 21-22 & 29 June 2018

Date of Reasons for Verdicts: 17 July 2018

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CORRIGENDA

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Please note the following corrigenda in the Reasons for Verdicts dated 17 July 2018:-

(1) Page 22, paragraph 24 of the Reasons for Verdicts: -

“… In more two-third of them, settlement of accounts involved an overseas transaction fee being levied, ...”

Should read as

“… In more than two-third of them, settlement of accounts involved an overseas transaction fee being levied, ...”

(2) Page 54, paragraph 111 of the Reasons for Verdicts: -

“The prosecution insists that section 52(3) is silent as to mens rea (on this issue of mens rea, see paragraphs 170 to 172 below).

Should read as

“The prosecution insists that section 52(3) is silent as to mens rea (on this issue of mens rea, see paragraphs 175 to 176 below).

(3) Page 55, paragraph 114 of the Reasons for Verdicts: -

“... the prosecution asks the court not to attach weight to the Toronto case because of its civil nature, not to attach weight to the Edmonton cases...”

Should read as

“… the prosecution asks the court not to attach weight to the Toronto case because of its civil nature, not to attach weight to the Edmonton case…”

(4) Page 60, paragraph 126 of the Reasons for Verdicts: -

“… In consequence, it is unnecessary to take the matte further.”

Should read as

“… In consequence, it is unnecessary to take the matter further.”

(5) Page 62, paragraph 130 of the Reasons for Verdicts: -

“… but under the old law, private hire of only five categories of registered motor vehicles were criminalised.”

Should read as

“… but under the old law, private hire of only five categories of registered motor vehicles was criminalised.”

(6) Page 64, paragraph 136 of the Reasons for Verdicts: -

“… and ground-breaking in respect of the constitutional law principles of arbitrariness, overbreadth, and gross proportionality.”

Should read as

“… and ground-breaking in respect of the constitutional law principles of arbitrariness, overbreadth, and gross disproportionality.”

(7) Page 78, paragraph 170 of the Reasons for Verdicts: -

“The court’s jurisdiction to consider a section 27 amendment arises only when the court is poised to declare a penal provisional unconstitutional, …”

Should read as

“The court’s jurisdiction to consider a section 27 amendment arises only when the court is poised to declare a penal provision unconstitutional,…”

(8) Page 80, paragraph 176 of the Reasons for Verdicts: -

“Nothing can be clearer that the legislature has never intended that the prosecution in a criminal trial on a section 52(3) charge is to have in its favour the benefit of a reverse onus, or is to have the benefit or of any presumptions of facts…”

Should read as

“Nothing can be clearer that the legislature has never intended that the prosecution in a criminal trial on a section 52(3) charge is to have in its favour the benefit of a reverse onus, or is to have the benefit of any presumptions of facts…”

Dated this 17 July 2018