Chan Yau-hei

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Charge:	Public Indecency
Sentence:
Years Imprisoned:
Year Crime:	2010
Year Convicted:	2010
Year Cleared:	2014
U.S. State or Country of Crime:	Hong Kong
County or Region of Crime:	Hong Kong
City of Crime:	Hong Kong
Result:	Judicially Exonerated
Summary of Case:	"Chan Yau-hei was wrongly convicted in Hong Kong of outraging public decency by posting a message on line in June 2010. The message posted on hkgolden.com stated: "We have to learn from the Jewish and bomb the Liaison Office of the Central People's Government." Yau-hei pled guilty in November 2010, but he sought to withdraw his plea during his sentencing hearing a few weeks later. The magistrate refused and Yau-hei appealed. On March 7, 2014 Hong Kong's Court of Final Appeal quashed Yau-hei's conviction on the basis there was insuffiicent evidence he committed the crime of outraging public decency, because the offense requires that an act be committed in a "physical, tangible place," and Yau-hei's online posting didn't meet that requirement. "
Conviction Caused By:	"Judge allowed the prosecution to misapply the "outraging public decency" statute to Chan Yau-hei's online posting."
Innocence Proved By:	"On March 6, 2014 Hong Kong's Court of Final Appeal quashed Yau-hei's conviction on the basis there was insuffiicent evidence he committed the crime of outraging public decency, because the offense requires that an act be committed in a "physical, tangible place," and Yau-hei's online posting didn't meet that requirement."
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Was Perpetrator Identified?
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Sex:	Male
Skin/Ethnicity:
Information Source 1:	HKSAR v. Chan Yau Hei [2014] HKCFA 18; FACC3/2013 (7 March 2014)
Information Location 1:	http://www.hklii.hk/eng/hk/cases/hkcfa/2014/18.html
Information Source 2:	"Internet falls outside scope of 'public place', judges of top court say, By Julie Chu (Staff writer), South China Morning Post"
Information Location 2:	http://www.scmp.com/news/hong-kong/article/1442682/internet-falls-outside-scope-public-place-judges-top-court-say
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Chan Yau-hei

Charge:

Public Indecency

Sentence:

Years Imprisoned:

Year Crime:

2010

Year Convicted:

2010

Year Cleared:

2014

U.S. State or Country of Crime:

Hong Kong

County or Region of Crime:

Hong Kong

City of Crime:

Hong Kong

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

"Judge allowed the prosecution to misapply the "outraging public decency" statute to Chan Yau-hei's online posting."

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

HKSAR v. Chan Yau Hei [2014] HKCFA 18; FACC3/2013 (7 March 2014)

Information Location 1:

http://www.hklii.hk/eng/hk/cases/hkcfa/2014/18.html

Information Source 2:

"Internet falls outside scope of 'public place', judges of top court say, By Julie Chu (Staff writer), South China Morning Post"

Information Location 2:

http://www.scmp.com/news/hong-kong/article/1442682/internet-falls-outside-scope-public-place-judges-top-court-say

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

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