R. v. Wan Po Wah

HCMA000211/1997

IN THE HIGH COURT

1997, No. MA 211

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Coram: Hon Mayo, J.A. (sitting as an additional High Court Judge)

Date of hearing: 15 April 1997

Date of judgment: 15 April 1997

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J U D G M E N T

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Mayo, J.A.:

1. The appellant appeals against his conviction for managing a vice establishment.

2. On 6 December 1996 the police conducted a raid on premises at 314 Portland Street, Mongkok.

3. Initially two police officers separately attended at the premises posing as customers. The appellant was the person who attended to both officers when they presented themselves at the premises. The officers were told by the appellant that the price would be $450 including "banging". This referred to having sexual intercourse. Enquiries were made of both officers as to whether they had any particular girl in mind. When they replied in the negative they were taken to a room. In each case a girl was brought to the room. She removed her clothes and performed lewd acts upon the police officers. After the officers revealed their identities the remainder of the police team arrived at the premises. The officers' evidence was accepted by the learned magistrate as being truthful and reliable. The appellant did not give evidence. However at the time of the raid he did say according to the prosecution case that he did this job as he could not find any other job.

4. Two main grounds of appeal are advanced on the appellants behalf by Mr Midgley. The first is of a rather technical nature. It is that the magistrate in his findings referred to inferences which he drew from the facts rather than irresistible inferences from the facts. If the passage is read in a sensible context it is patently clear that the inferences which were being drawn by the magistrate were irresistible inferences.

5. The second ground is developed from this. It goes on to complain of an absence of evidence to demonstrate beyond a reasonable doubt the persistent use of the premises as a vice establishment.

6. Again it is difficult to see how this contention can sensibly be maintained. In his findings the magistrate refers to the layout of the premises their location and the fact that a large quantity of condoms were found at the time of the raid. In these circumstances and having regard to the other matters referred to earlier in this judgment it is difficult to see how the magistrate could come to any other conclusion that this was an on-going business and that the premises were indeed being persistently used as a vice establishment. I am satisfied that the magistrate has sufficiently weighed and considered the question of continuity of user and that the reasons he has given are sufficient for the purposes required.

7. This was the main ground which was raised on this appeal. This conviction is not unsafe or unsatisfactory and the appeal is dismissed.

Representation:

Mr W.S. Cheung for Crown Prosecutor

Mr Jonathan Midgley (M/S Haldanes) for Appellant