由此
-3-
A
B
C
D
5.
A
There was no dispute about the Appellant’s identity; nor was
there any suggestion that the meeting place was not a public place.
6.
E
This ground alleged that the Magistrate erred in law in ruling that
section 147(l)(a) of the Crimes Ordinance, Cap. 200 applied to
the facts of the present case. Further, or alternatively, the
Magistrate had failed to properly direct himself as to whether
there was a nuisance or annoyance, actual or probable in the
present case.
F
G
C
D
Perfected Grounds of Appeal:
“Ground 1
E
B
F
G
H
H
Ground 2
I
J
K
The Magistrate erred in law in failing to consider sufficiently or
at all the fact that in substance the Appellant had only solicited
on the Internet which is not a public place (the offence thus was
not made out).
I
Ground 3
K
The Magistrate erred in law in finding that there was solicitation
when the Appellant met the undercover police officer. Further,
or alternatively, the Magistrate failed to properly construe the
meaning of “soliciting” and thus had found, wrongly, that there
was soliciting after they met.
L
M
N
Ground 4
O
In all circumstances, the conviction was
unsatisfactory, or there was a lurking doubt.”
J
L
M
N
unsafe
and
O
P
P
EVIDENCE
Q
Q
7.
R
S
PW1, a police officer, gave evidence about the Appellant’s
Internet advertisement and his consequential contact with the Appellant by
telephone, MSN and Internet. He agreed that he knew the nature of the
R
S
services that the Appellant offered and that he was trying to convince her
T
that he could be a customer. He agreed too that he knew the price of such
T
U
U
V
V