In HCMA 486/2023 (with Parkside’s Benson Tsoi SC and Chase Pun acting for the appellant) the Court of First Instance granted the appellant’s contested application under s.118(1)(d) of the Magistrates Ordinance to reserve an important point of law for consideration by and to be argued before the Court of Appeal. The point of law involves the proper interpretation of s.146(1) of the Crimes Ordinance (Indecent conduct towards a child under the age of 16 years) and in particular whether the trial Court erred in ruling that the defence of honest and reasonable belief that the complainant was or over 16 years of age was not applicable for the said offence.
The question is reserved for the Court of Appeal’s determination in due course.
