which reads:
“Our common law system consists in the applying to new
combinations of circumstances those rules of law which we derive
from legal principles and judicial precedents; and for the sake of
attaining uniformity, consistency and certainty, we must apply those
rules, where they are not plainly unreasonable or inconvenient, to all
cases which arise; and we are not at liberty to reject them, and to
abandon all analogy to them, in those to which they have not yet been
judicially applied, because we think that the rules are not as
convenient and reasonable as we ourselves could have devised.” (at
p.546)
38. Based on the aforesaid analysis, it is certainly not unreasonable or
inconvenient to apply the established legal principles to the facts of
the present case. In doing so, I find that the Defendant’s conduct
was one which outrages public decency.
I am therefore satisfied
beyond all reasonable doubt that the Prosecution has proved all the
elements of the offence under Charges 1 and 3, and I convict the
Defendant accordingly.
(David Lok)
District Judge
Mr. Eddie Sean SGC of the Department of Justice, for the Prosecution
Mr. James C. C. Cheng, instructed by Messrs. Johnnie Yam, Jacky Lee &
Co., for the Defendant
17
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