Read the full judgment text of HCCT 24/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 27 November 2002 before Hon Chung J.
Contempt of court — breach of undertaking — operation of brothel and vice establishment — Arbitration Ordinance Cap. 341 — court order and undertaking — serious contempt involving criminal offence — sentencing principles balancing public interest and individual circumstances — admission of contempt as mitigating factor — 2 months imprisonment imposed. The case concerns a motion to commit the respondent for contempt for continuing to operate prostitution activities in units of Golden Plaza after an arbitration award and a court undertaking restraining such acts. Though the respondent claimed to have only acted under a misconception of the undertaking’s scope and denied managing the activities, the court was satisfied based on evidence including convictions, affidavits, and witness testimony that she was in charge and wilfully breached the undertaking. Sentencing principles considered the seriousness, duration, and willfulness of the contempt, as well as the partial admission by the respondent. The court imposed 2 months’ imprisonment after a discount from 3 months for the admission. Consequential orders included costs paid to the applicant and a permanent undertaking to comply with the Award.
Legal issues: Breach of undertaking and contempt of court · Appropriate sentence for contempt involving a criminal offence
Outcome: Respondent found to be in contempt for breach of undertaking; sentenced to 2 months imprisonment