DCCC733/2024
DCCC733/2024 HKSAR v. ROSE ISABEL ANONIA BARBRA EUDORA
DCCC 733/2024
[2026] HKDC 298
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASES NO 733 OF 2024
------------------------------
HKSAR
v
ROSE ISABEL ANONIA BARBRA EUDORA
------------------------------
Before:
Her Honour Judge A N Tse Ching in Court
Date:
3 March 2026
Present:
Mr Wong Hin Sun Jack, Public Prosecutor, for HKSAR
Ms Herbert Elizabeth Anne and Mr Poon C.H. Ben, instructed by Lee Law Firm, for the defendant
Offences:
[1] Blackmail (勒索罪)
[2] Doing an act or a series of acts tending and intended to pervert the course of public justice (作出一項或一連串傾向並意圖妨礙司法公正的行為)
-----------------------------------------
REASONS FOR VERDICT
-----------------------------------------
1. The Defendant faces 2 charges:
(1) Blackmail, contrary to section 23(1) and (3) of the Theft Ordinance, Cap 210 (Charge 1); and
(2) Doing an Act or a Series of Acts Tending and Intended to Pervert the Course of Public Justice, contrary to Common Law and punishable under section 101I(1) of the Criminal Procedure Ordinance, Cap 221 (Charge 2).
Issues
2. The Prosecution says that X is a banker working in Hong Kong. He and the Defendant met when they were both travelling in Thailand and maintained contact thereafter. X felt that he and the Defendant had romantic feelings towards each other. He invited the Defendant to visit Hong Kong and paid for her air-ticket. The Defendant arrived in Hong Kong on 31 January 2024. She stayed in X’s flat in Central and was given the key to the flat. X and the Defendant slept in the same bed. They took their clothes off and engaged in consensual intimate acts but there was no vaginal or anal intercourse. The following day, the Defendant suddenly alleged that X had “violated” her and raped her the previous night. On 3 February 2024, the Defendant started to demand for money from X, the amount she demanded went from £5,000 to £100,000. The Defendant threatened to go “to the police to report a crime” if X failed to pay (Charge 1). X only paid the initial £5,000. In the evening of 3 February 2024, the Defendant made a report to the police that she had been raped, sodomized and indecently assaulted by X. As a result, X was arrested on 4 February 2024. A medical examination was conducted on the Defendant in the evening of 3 February 2024. No injury was found in her vagina or anus to indicate the occurrence of recent vaginal or anal penetration. The medical findings alone could not confirm or disprove whether sexual intercourse had taken place.
3. In relation to Charge 1, the Defendant denied that she had made any demand of £100,000 or any unwarranted demand with menaces. In respect of Charge 2, the Defendant says that her report to the police was true.
4. Part of the Prosecution’s evidence was not in dispute (see Admitted Facts set out below). The case basically turns on the credibility of X and the Defendant.
Admitted Facts
5. The facts admitted by the parties pursuant to section 65C of the Criminal Procedure Ordinance, Cap 221 was set out in writing and produced as P7 and P10. The contents of P7 are as follows:
“Background
(1) At all material times, D and X were both British nationals. X was a banker and was seconded to work in Hong Kong for 6 months from late 2023.
(2) X first met D on or around 28 December 2023 when he was travelling in Thailand. X returned to Hong Kong on 1 January 2024.
The alleged blackmail incident
(3) D arrived in Hong Kong on 31 January 2024 at X’s invitation.
(4) D and X first met up in Central and X showed D to his flat which was Flat J, 11/F, Townplace Soho, 18 Caine Road, Central (“the Flat”) on the same day. X passed D the key card to the Flat so she could come and go as she pleased.
(5) They split up afterwards as X needed to work. They met up again between about 7 pm and 7:30 pm on the same day and went to the horse racing in Happy Valley. They then left Happy Valley and eventually returned to the Flat.
(6) X woke up at around 8:30 am the next day (i.e. 1 February 2024) for work and left D at the Flat alone. They continued texting each other on WhatsApp on that day.
(7) Later that day, D moved out of the Flat.
(8) X complied with D’s request to place her first aid kit, which she had left in the Flat, at the building’s reception counter for her to collect.
(9) X paid £5,000 (the First £5k) via his HSBC UK bank account to D on 2 February 2024.
(10) X paid £5,000 (the Second £5k) via his Barclays Bank account to D on 2 February 2024, but the transaction was delayed, and he subsequently cancelled the transfer. The transfer of the second £5k did not go through.
The alleged perverting act
(11) On 3 February 2024, D made a complaint to the Police that she was raped and buggered by X.
(12) D gave a witness statement to the Police on 4 February 2024 regarding the abovementioned rape and buggery incident. The said witness statement is produced as Prosecution Exhibit P6.
Arrest of D
(13) At 11:24 am on 6 February 2024: D was arrested by DPC22304 for blackmail.
WhatsApp messages
(14) X’s iPhone (with phone case) was seized by the Police and is produced as Prosecution Exhibit P1.
(15) On 4 February 2024, DPC 8785 took 33 photos of the WhatsApp messages sent between X and D from 31 January 2024 to 2 February 2024 as shown on Prosecution Exhibit P1. They are produced as Prosecution Exhibit P2. The Prosecution and the Defence agree that they have not been altered, edited, interfered with or tampered with during the process of development and/or reproduction.
(16) WhatsApp text messages sent between X and D from 28 December 2023 to 3 February 2024 were extracted by the Cyber Security and Technology Crime Bureau of the Hong Kong Police Force (CSTCB) from Prosecution Exhibit P1 and were presented in an excel form. The DVD containing the soft copy is produced as Prosecution Exhibit P3. The hard copy of the same is produced as Prosecution Exhibit P3A.
(17) The photos that were sent between X and D on WhatsApp were also extracted by CSTCB from Prosecution Exhibit P1, a photo album for these photos is produced as Prosecution Exhibit P3B. The soft copies are stored in Prosecution Exhibit P3.
(18) The voice messages that were sent between X and D on WhatsApp were also extracted by CSTCB from Prosecution Exhibit P1. The accurate transcript for these voice messages is produced as Prosecution Exhibit P3C. The audio files are stored in Prosecution Exhibit P3.
CCTV at Townplace
(19) CCTV cameras were installed at the building entrance, the lift, and the corridor of 11th floor. The following CCTV footage obtained from these cameras are produced in a DVD as Prosecution Exhibit P4:-
(a) The file named “2024JAN31 2350-0010 GF-Panel2(2)” as Prosecution Exhibit P4A;
(b) The file named “2024JAN31 2350-0010 LIFT4(1)” as Prosecution Exhibit P4B;
(c) The file named “2024FEB01 0914-0920 GF GATE” as Prosecution Exhibit P4C;
(d) The file named “2024FEB01 1510-1520 11F-4” as Prosecution Exhibit P4D;
(e) The file named “2024FEB01 1510-1520 LOBBY 1” as Prosecution Exhibit P4E;
(f) The file named “2024FEB91 1748-1810 LOBBY 1” as Prosecution Exhibit P4F;
(g) The file named “2024FEB01 2143-2225 LOBBY 1” as Prosecution Exhibit P4G;
(20) The above video footage is all true and has not been altered, edited, interfered with or tampered with during the process of development and/or reproduction.
(21) An album of 10 screenshots of the CCTV footage is now produced as Prosecution Exhibit P5. These screenshots accurately reflect the images of the video footage.
Forensic medical examination report
(22) The forensic medical examination report of D is produced as Defence Exhibit D1.
Identity of D
(23) The identity of D is not in dispute.
Chain of Evidence
(24) All the exhibits had been kept in safe and proper custody since their seizure by the police, and they have never been unlawfully or improperly tampered with prior to submission to the court.
CRO
(25) D has no criminal record in Hong Kong.”
6. The contents of P10 are as follows:
“The summary of the WhatsApp messages (including texts, photos and voice) as shown in Prosecution Exhibit P2 are presented by way of a table, which is produced as Prosecution Exhibit P11.
The Prosecution’s Viva Voce Evidence
7. The Prosecution called 4 witnesses.
X
8. In December 2023, X arranged to go to Thailand on holiday with his brother. When they were in Koh Samui, they decided to go to a “Full Moon Party”. This was a party on one of the beaches every full moon. Attendees had to go to the beaches where the Full Moon Parties were held by boat.
9. X met the Defendant when he sat next to the Defendant on the boat after the Full Moon Party. They started chatting and listened to music together. X and the Defendant got along very well; they exchanged “Ig details” and kept in contact after the boat ride.
10. In the early hours of the same day, X sent a message to the Defendant. They arranged to meet on a beach near X’s hotel. They initially communicated by Instagram but on 28 December 2023, they switched to using WhatsApp. The first WhatsApp message from the Defendant was on 28 December 2023.
11. The Summary of WhatsApp messages between X and the Defendant (P11) contain some technical information as well as “System Messages” from WhatsApp. I will only refer to the actual messages between X and the Defendant. P11 shows that on 28 December 2023, X and the Defendant had the following exchanges (P3A):
Index
Time
X
Defendant
1
14:23:46
Hello my loveeee
4
14:24:08
Who’s this.:)
5
14:24:19
Haha hello lovely
6
14:24:24
[2 laughing emojis]
7
14:31:41
Have you eaten?
8
14:34:10
Haha yeah just finished
lunch
9
14:34:32
Otherwise that probs would
have been a better idea to have lunch together [laughing emoji]
10
14:46:52
Haha yes it would can
always have dinner
11
14:53:07
Oh yeah, let’s do that [reply to “Haha yes it
would can always have dinner”]
12
14:53:20
I’m on the beach now
[smiling emoji] it’s so nice and quiet
13
15:03:37
What beach are you at
14
15:08:44
[Share live location]
15
15:08:54
Lamai, is sooo lovely
16
15:09:06
Photo (P3B(1))
17
15:09:44
I’m with my friend though
18
15:10:40
It’s so far awayyyy omg
19
15:14:48
Hahah, taxi?
20
15:15:22
If it’s too far, we can
always do dinner instead [smiling emoji]
21
15:17:24
Photo (P3B(2))
22
15:17:37
To save battery haha I’m
not moving :p
23
15:33:30
Right I’m gonna come
24
15:33:35
I’m very hungry though
25
15:33:42
I have no bank card as
well
26
15:33:53
I’m slightly stressed today
but would be nice to come say hi
27
15:40:17
Ah amazing! See you soon [reply to “Right I’m gonna
come”]
28
15:40:30
Easy to fix [reply to “I’m very hungry
though”]
29
16:42:25
What food is there
30
16:43:40
My brother found a burger
close by so could take a wonder to that?
31
16:43:52
Can’t see anything
immediately close by me at the moment
32
16:44:26
Okay I’m alone by the way
33
16:44:30
Lol
34
16:45:09
Haha great
35
16:45:20
Hmm I can’t find location on
grab
36
16:45:22
My brother is here but he’s
in the water doing his own thing
37
16:45:32
And we can walk along the
beach if you like
38
16:45:49
No that’s fine I
just want food a cocktail and chill
39
16:46:04
It’s so bloody far 500 in
taxi dad tomes
40
16:46:06
Sad*
41
16:47:20
Photo (P3B(3))
42
16:47:39
Go with Zara beach resort
and then walk down
43
16:49:09
Yeah taxis more expensive
than Bangkok or Chiang Mai haha [reply to “It’s so bloody far 500 in
taxi dad tomes”]
44
17:00:57
Hopefully I can grab
bike back and it won’t be as expensive
45
17:09:57
Am I too late
46
17:09:50
I’m on the way
47
17:10:03
10 mins
48
17:10:12
Nah all chilled
49
17:10:42
I’m still here and we can
relax by the beach and go to grab dinner together whenever you get hungry?
50
17:10:54
Yep I’m down
51
17:11:11
Maybe a pit stop meal to
top you up if you’re hungry before that
52
17:11:11
Yes please
53
17:11:25
Sweet, got a couple of
ideas for places I wanna eat so just happy to have someone to go with
[smiling emoji]
54
17:16:27
Do they accept card?
55
17:17:04
Does where? Haha
56
17:17:16
I have tonnes of cash in
any case [smiling emoji]
57
17:19:40
Photo (P3B(4))
58
17:20:47
Do they have a cocktail
haha
59
17:21:12
Hahah we can find that as
the priority [smiling emoji]
60
17:21:45
Nearly here
61
17:22:03
Photo (P3B(5))
62
17:22:28
V exciting!
64
17:26:15
[Share live location]
12. X and the Defendant met at the beach in the afternoon of 28 December 2023. Because the Defendant was very hungry, they found something to eat along the beach, sat down, had a date and kissed as they walked back from the beach. Originally, the Defendant was scheduled to leave Koh Samui. As a result of that date, the Defendant and X began to make plans together. The Defendant decided to extend her stay in Koh Samui, move to a hotel close to X and then meet up with X in Bangkok on New Year’s Eve. In the end, the Defendant could not meet X in Bangkok because she said she missed the boat from Koh Samui to the Mainland. They then talked about the Defendant visiting X in Hong Kong.
13. Between the evening of 28 December 2023 and 5 January 2024, X and the Defendant had the following WhatsApp exchange (P3A):
Index
Date and Time
X
The Defendant
65
28 Dec 2023 23:03:14
Waitttt
66
28 Dec 2023 23:03:25
Can you help me find
somewhere cheap please
67
28 Dec 2023 23:06:46
Your better at this than me
68
28 Dec 2023 23:06:50
It needs to be cheap
69
28 Dec 2023 23:10:33
Photo (P3B(6))
70
28 Dec 2023 23:10:33
Photo (P3B(7))
71
28 Dec 2023 23:10:49
There you go, in Lamai, so
close by where we were today
72
28 Dec 2023 23:40:43
Photo (P3B(8))
73
28 Dec 2023 23:40:44
Here
74
28 Dec 2023 23:41:35
Nice, we can meet in the
middle then
75
28 Dec 2023 23:45:23
Changed my mind I’m too
broke
76
28 Dec 2023 23:45:26
[Message deleted]
77
28 Dec 2023 23:45:28
[Message deleted]
78
28 Dec 2023 23:45:32
[Message deleted]
79
28 Dec 2023 23:45:40
I wanna stay there. But
I think I gotta stay here
80
29 Dec 2023 00:25:47
Now im having regrets maybe
I can’t come to Bangkok
81
29 Dec 2023 05:30:08
Right so. I’m booking my
flight from Bangkok on 1st. What time are you leaving?
82
29 Dec 2023 08:20:15
Oof sorry I was asleep - I
fly out at around 4/5 pm on 1 of Jan
83
29 Dec 2023 09:57:07
Hey, I’m heading to the
beach now [smiling emoji]
84
29 Dec 2023 10:40:58
So I decided to try my
hotel beach and was early enough to get a couple of sun beds at the water
edge - brother hasn’t claimed his yet so let me know when you’re around
85
29 Dec 2023 10:45:40
Will be there around 13
86
29 Dec 2023 10:45:42
12
87
29 Dec 2023 10:45:57
Ah perfect
88
29 Dec 2023 10:45:57
Need to sort flights and
accom out for lighting
89
29 Dec 2023 10:46:20
Sure, sure, just about when
you’re around - I’ll be here all morning at least
90
29 Dec 2023 11:56:22
Shall i 100% come to
Bangkok
91
29 Dec 2023 11:57:26
Yeah, why not :)
92
29 Dec 2023 12:08:27
Okay cool. I’m rushing but
still haven’t booked anywhere for tonight
93
29 Dec 2023 12:18:28
Hahah no rush
94
29 Dec 2023 12:18:35
It’s raining so all good
95
29 Dec 2023 12:18:44
Oh no don’t say that
96
29 Dec 2023 12:18:56
It’s stopped now
97
29 Dec 2023 12:18:57
Hahah
98
29 Dec 2023 12:26:15
I might go straight to Bangkok today what and meet you there
99
29 Dec 2023 12:43:37
Italian?
100
29 Dec 2023 12:49:13
Hahah sure sure - up to you
of course
101
29 Dec 2023 12:49:35
I’m by the beach at the
moment, haven’t really looked at food yet for dinner or anything [reply to “Italian?”]
102
29 Dec 2023 12:49:37
Photo (P3B(9))
103
29 Dec 2023 12:49:41
Does this come up as
available for you
104
29 Dec 2023 12:50:51
Says it’s sold out to me
105
29 Dec 2023 12:50:57
Don’t know if you’re
reserving it though
106
29 Dec 2023 12:51:11
No I’m not
107
29 Dec 2023 12:51:21
I have Lamai inn 99
bungalows
108
29 Dec 2023 12:51:22
This is a bit stressful
109
29 Dec 2023 12:51:23
Though
110
29 Dec 2023 12:51:42
£48 for one night haha
111
29 Dec 2023 12:55:44
Ok
112
29 Dec 2023 12:55:46
I seeee
113
29 Dec 2023 13:03:41
So I might need your
help. I booked the Lamai place. But if I transferred you money could you give
me cash by any chance?
114
29 Dec 2023 13:03:53
Hahah yeah of course
115
29 Dec 2023 13:04:07
How much cash do you need
116
29 Dec 2023 13:04:08
I’m stressing in life right now
117
29 Dec 2023 13:04:11
Hahahah
118
29 Dec 2023 13:04:25
Yeah doesn’t seem fun, sea
of serenity over here though
119
29 Dec 2023 13:04:26
2 thousand but like
everything is going wrong [2 crying emojis]
120
29 Dec 2023 13:04:42
Oh easy. I already have
that i cash out [reply to “2 thousand but
like everything is going wrong [2 crying emojis]”]
121
29 Dec 2023 13:04:50
If you’re talking about
baht
122
29 Dec 2023 13:04:59
GBP will be a different
story :)
123
29 Dec 2023 13:05:05
Okay cool yeah Baht. I
gotta. All my bank I got blocked out
124
29 Dec 2023 13:05:12
I’m about to come down that
way now
125
29 Dec 2023 13:05:21
Haha nice! Space saved next
to me
126
29 Dec 2023 13:05:29
[Share live location]
127
29 Dec 2023 13:05:31
It’s raining a lot there
128
29 Dec 2023 13:05:56
Photo (P3B(10))
129
29 Dec 2023 13:05:59
Zero rain
130
29 Dec 2023 13:06:13
Okay good
131
29 Dec 2023 13:06:53
Grab doesn’t like your area
132
29 Dec 2023 13:09:34
Hahaha worth it though
133
29 Dec 2023 13:09:58
Think of it this way, it
makes it difficult for people from the strip to get here :)
134
29 Dec 2023 13:52:50
[Voice Message] (P3C,
1-2) So I’m trying to make my
way to you, but it is literally pissing down with so much rain that I can’t
get a taxi. I can’t get to like from A to B. It’s just raining and it’s not
sunny and it’s really stressing me out and I’d really like the sun to come
out. But it’s OK
135
29 Dec 2023 13:59:04
Hahaha keep trying, is
super nice over here
136
29 Dec 2023 14:03:20
Photo (P3B(11))
137
29 Dec 2023 14:03:40
Oh wow
138
29 Dec 2023 14:04:14
Can only stay here until
3pm as there’s a bbq
139
29 Dec 2023 14:04:22
Oh no
140
29 Dec 2023 14:04:31
Then where too
141
29 Dec 2023 14:04:32
But that might work out
nicely for me to go find a Italian
142
29 Dec 2023 14:04:42
With wine along the beach
haha
143
29 Dec 2023 14:04:50
I’m Liking the sound of
that
144
29 Dec 2023 14:04:54
Already got it planned :)
no one’s adding to your stress here [reply to “Then where too”]
145
29 Dec 2023 14:05:09
[heart]
146
29 Dec 2023 14:46:44
[Video]
147
29 Dec 2023 14:50:32
Hahha yeah it’s raining now
148
29 Dec 2023 14:51:12
Oh Christ get me out
149
29 Dec 2023 14:51:12
Hahah
150
29 Dec 2023 15:00:08
I’ve got a really nice
dress i want to wear in new years haha
151
29 Dec 2023 15:08:50
If i wasn’t excited enough
already :)
152
29 Dec 2023 16:25:04
I’m still coming but I’m just
gonna chill here for a bit i have all these bags and struggling to get out
but at some point will come down I booked a £50 room which is slightly
annoying but oh
153
29 Dec 2023 16:28:27
Haha no worries of course [reply to “I’m still coming but I’m just
gonna chill here for a bit i have all these bags and struggling to get out
but at some point will come down I booked a £50 room which is slightly
annoying but oh”]
154
29 Dec 2023 16:28:37
I’ve actually come in from
the beach and just showering off the sand
155
29 Dec 2023 16:28:59
Then we could always just
go to an Italian restaurant for dinner? Find a cocktail place along the beach
again?
156
29 Dec 2023 16:29:15
I have an early start tomorrow
at 7:30 pick up so can’t stay out too late
157
29 Dec 2023 16:31:38
Okay cool. Maybe you should
come to the Italian near me for dinner.
158
29 Dec 2023 16:31:41
It’s really nice
159
29 Dec 2023 17:17:58
I’m 109% coming to
Bangkok I’m just figuring life out
160
29 Dec 2023 17:18:03
Haha
161
29 Dec 2023 17:21:33
Oh yeah sure, why not [reply to “Okay cool. Maybe
you should come to the Italian near me for dinner.”]
162
29 Dec 2023 17:21:42
Just shout when you want me
to be head over there
163
29 Dec 2023 18:24:22
I’ve booked everything for
Bangkok so 100% I’m
goingthere I’m just going to take my time
here now if that’s
okay?
164
29 Dec 2023 18:24:30
If you still want me to
come to Bangkok haha
165
29 Dec 2023 18:30:44
Yeah of course, sounds good [reply to “If you still
want me to come to Bangkok haha”]
166
29 Dec 2023 18:31:28
A friend has also told me
he’s in Bangkok for a wedding and the bride are planning to do a NYE party of
some sort so he’s seeing if it’s something he can get a plus 2 for [reply to “If you still
want me to come to Bangkok haha”]
167
29 Dec 2023 18:32:01
But he’ll be around in any
case
168
29 Dec 2023 18:35:33
Do you want to grab dinner
together close by you or just have time to yourself? Don’t mind either way [reply to “I’ve booked
everything for Bangkok so 100% I’m goingthere I’m just going to take my time here now if that’s okay?
169
29 Dec 2023 19:13:39
Ah I see. Let me know if
I can come. If not I can book somewhere else in Bangkok
170
29 Dec 2023 19:13:49
But let me know otherwise
I’m just going to spend too much
171
29 Dec 2023 19:13:58
I’m up for dinner [reply to “Do you want to
grab dinner together close by you or just have time to yourself? Don’t mind
either way”]
172
29 Dec 2023 19:14:01
Hahah no, you misunderstood
[laughing enoji]
173
29 Dec 2023 19:14:15
I don’t even have a plus
one to it [laughing emoji]
174
29 Dec 2023 19:14:36
So either we both go or we do something else but we’ll stay together
175
29 Dec 2023 19:14:39
Being blocked out of my
cards has annoyed me a bit so I just need to be smart but wanna see
176
29 Dec 2023 19:14:50
Okay good [reply to “So either we
both go or we do something else but we’ll stay together”]
177
29 Dec 2023 19:15:06
Italian food near you? [reply to “I’m up for
dinner”]
178
29 Dec 2023 19:57:43
And time hahah
179
29 Dec 2023 20:22:21
Yeah I’m up for it
180
29 Dec 2023 20:31:09
If you give me the address
I’ll book a cab for now?
181
29 Dec 2023 20:31:12
Meet you there
182
29 Dec 2023 20:37:06
Okay so
183
29 Dec 2023 20:43:26
? hahah
184
29 Dec 2023 20:44:24
I think I might stay here
because I’ve
had a long day. And meet you in bangkok if that’s ok
185
29 Dec 2023 20:44:43
Yeah, no worries at all
186
29 Dec 2023 20:51:28
I’m gonna be in Lamai
tonight
187
29 Dec 2023 20:51:56
Same, that’s where my bro
and I are grabbing dinner hahah
188
29 Dec 2023 20:52:01
When we get to Bangkok
can we go for a nice meal
189
29 Dec 2023 20:52:47
Haha, yeah of course
190
29 Dec 2023 20:52:53
You sure
191
29 Dec 2023 20:53:00
I haven’t looked at any
restaurants yet
192
29 Dec 2023 20:53:08
I can find some
193
29 Dec 2023 20:54:44
Yeah of course, let’s both
do it haha
194
29 Dec 2023 21:00:13
You sure
195
29 Dec 2023 21:28:03
What are your plans for
this evening? [reply to “I’m gonna be in
Lamai tonight”]
196
29 Dec 2023 21:29:10
I don’t know!!!
197
29 Dec 2023 21:32:15
Haha fair enough
198
29 Dec 2023 21:37:18
A cuddle?
199
29 Dec 2023 21:37:32
Oh that sounds lovely
200
29 Dec 2023 21:37:38
Could do after my dinner
201
29 Dec 2023 21:38:46
Haha message me after
I’ve had serious card problems today
202
29 Dec 2023 22:36:20
20/30 mins from now if that’s ok
203
29 Dec 2023 22:36:26
Where abouts are
you specifically?
204
29 Dec 2023 22:54:50
Ok finished now, where
about are you?
205
29 Dec 2023 23:13:57
Hey, I’m going to head back
to my hotel cos I’ve got an early start tomorrow
206
29 Dec 2023 23:30:57
Ah okay
207
29 Dec 2023 23:39:59
Fair enough
208
29 Dec 2023 23:31:10
Can I still come to
Bangkok?
209
29 Dec 2023 23:31:19
Cause that’s in my
itinerary now
210
29 Dec 2023 23:32:37
Oh yeah of course!
211
29 Dec 2023 23:33:10
I’m just walking back to my
hotel now [smiling emoji]
212
29 Dec 2023 23::33:31
If you drop me your
location I can see how close you are to me at the moment
213
29 Dec 2023 23:54:45
I’m so sorry
214
29 Dec 2023 23:54:49
I’m on ko Samui
215
29 Dec 2023 23:55:39
Ah don’t worry about it -
it’s so late now and I’m in my hotel comfy in bed haha
216
29 Dec 2023 23:55:55
Let’s just see each other
in Bangkok as planned as I’ll be out all day tomorrow [smiling emoji]
217
30 Dec 2023 10:39:52
Guess you’re leaving for
Bangkok this evening and then getting into the city tomorrow
218
30 Dec 2023 10:40:15
You can leave your bags
at the hotel and just say l’ll check in later in the day - should be
219
30 Dec 2023 10:40:25
Photo [screen shot of
address of Park Hyatt Hotel in Bangkok P3B(12))
220
30 Dec 2023 10:43:57
Let me know that you’re
still coming and I’ll confirm what we’re doing with friends [smiling emoji]
221
30 Dec 2023 11:02:12
Hello hello
222
30 Dec 2023 16:53:07
I’m so gutted
223
30 Dec 2023 16:53:12
I missed my boat
224
30 Dec 2023 18:31:55
Oh no, what does that means
225
30 Dec 2023 18:31:58
?*
226
30 Dec 2023 18:32:40
It means I wasted £200 on a flight I don’t know what to really do.
There’s no more buses etc to get me into Bangkok on time
227
30 Dec 2023 18:33:33
Ah fuck, that’s really shit
228
30 Dec 2023 18:33:43
I hurt my shoulder
yesterday. And carrying my bags this morning made me miss the bus etc
229
30 Dec 2023 18:35:17
?
230
30 Dec 2023 18:35:23
Photo [Screenshot of
Flights to Bangkok [P3B(13))
231
30 Dec 2023 18:36:07
I just have wasted so
much money. I will see how much that is with my luggage. Everything just
feels a bit unsmooth now.
232
30 Dec 2023 18:36:21
Was quite looking forward
to the wedding too
233
30 Dec 2023 18:36:47
Oh yeah my friend said we can’t get an invite to that as it’s more of
a sit down dinner haha [reply to “I just have wasted so much money. I will see how much that
is with my luggage. Everything just feels a bit unsmooth now.”]
234
30 Dec 2023 18:36:58
Haha oh okay
235
30 Dec 2023 18:48:14
Just let me know what your
plans are as soon as you have them [reply to “I just have
wasted so much money. I will see how much that is with my luggage. Everything
just feels a bit unsmooth now.”]
236
30 Dec 2023 20:36:55
Can you let me know if
you’re planning to stay with me on NYE? Otherwise I need to confirm with my
friend that I’ll be with him, sorry for being pushy but I’m just trying not
to mess anyone about
237
30 Dec 2023 21:55:58
I can’t come
238
30 Dec 2023 21:56:27
Ah that’s such a shame:’(
but no worries
239
30 Dec 2023 21:56:46
Guess I’ll just have to
hold you to the HK detour :)
240
30 Dec 2023 21:57:17
I’m there until April then
I move back to London and then hopefully on to the US at some point
241
30 Dec 2023 23:47:28
When would be best to come
to Hong Kong?
242
30 Dec 2023 23:47:37
I’m sorry I can’t come
243
30 Dec 2023 23:48:07
Locked out of banks. No
bank cards. Missed buses lol hurt
my shoulder
244
1 Jan 2024 21:49:02
Haha just give me some
dates and I can check them on my side, I’m pretty wide open with not a lot
planned [reply to “When would be
best to come to Hong Kong?”]
245
1 Jan 2024 21:49:14
Just have my mum coming
over for Chinese new year but other than that everything is
246
1 Jan 2024 21:49:38
I know the hotel was
soooo nice! You would have enjoyed it a lot [smiling emoji] [reply to “I’m sorry I
can’t come”]
247
1 Jan 2024 21:50:05
Yeah that doesn’t sound fun at allll, hope you’re feeling better now and
safely in india [reply to “Locked out of banks. No bank cards. Missed buses lol hurt my shoulder”]
248
1 Jan 2024 21:50:28
Apologies for the late
reply, wanted to ignore my phone for the final part of my holiday [laughing emoji]
now back in HKZ
249
1 Jan 2024 21:50:33
HK
250
3 Jan 2024 15:03:57
How is being in India?
[smiling emoji]
251
3 Jan 2024 15:13:14
Still not here
252
3 Jan 2024 15:22:33
Oh sorry to hear that! Hope
you’re alright - you still in Koh Samui?
253
3 Jan 2024 16:56:28
I was in Ko Pan
254
3 Jan 2024 16:56:29
I’m on my way to India now
255
3 Jan 2024 17:03:50
Oh cool, more fun that Koh
Samui? [reply to “I was in Ko
Pan”]
256
3 Jan 2024 17:03:58
Safe travels! [reply to “I’m on my way to India now”]
257
3 Jan 2024 17:04:50
Just shoot over some dates
for HK when you have them and I’ll check them on my side
258
3 Jan 2024 17:41:49
Okay cool. Yeah I just
relaxed tbh
259
3 Jan 2024 17:42:12
I’m tired done something to
my shoulder the other day so having my backpack has been
260
3 Jan 2024 19:01:03
Ah that sounds nice and well
needed haha [reply to “Okay cool. Yeah
I just relaxed tbh”]
261
3 Jan 2024 19:01:30
Oh yeah I can imagine that
absolutely sucking, hopefully your mum can carry your bag when you get to
India! [reply to “I’m tired done
something to my shoulder the other day so having my backpack has been”]
262
5 Jan 2024 03:02:32
Finally made it
263
5 Jan 2024 08:35:45
Ah amazing!! Glad you got
there safely [smiling emoji]
14. X returned to Hong Kong after Bangkok. He and the Defendant maintained contact. The date in Thailand went very well, he felt that there was a romantic connection between them and he was keen to pursue that. The Defendant said that she missed her boat and was unable to go to Bangkok. X therefore invited the Defendant to come to Hong Kong.
15. The Defendant said that she had just finished teaching English as a foreign language in Vietnam and was either unemployed or working part time; she did not have a lot of money and it would be a challenge for her to afford a trip to Hong Kong. X wanted to pursue a romantic relationship with the Defendant and did not want the cost of the trip to get in the way. Compared to his monthly salary, the cost of the Defendant’s flight to Hong Kong was not substantial.
16. Between 10 January 2024 and 31 January 2024, X and the Defendant had the following WhatsApp exchanges:
Index
Date and Time
X
The Defendant
264
10 Jan 2023 15:59:55
Hello my love
265
10 Jan 2024 15:59:56
How are you
266
10 Jan 2024 16:02:10
Hello lovely
267
10 Jan 2024 16:02:25
I’m great thanks! How are
you?
268
10 Jan 2024 16:02:48
I’m having a mare but it’s
okayyy
269
10 Jan 2024 16:02:49
Haha
270
10 Jan 2024 16:02:55
Things are still crazy for
me right now
271
10 Jan 2024 16:26:14
Yeah you’re going to have
to explain this visa run to me [smiling emoji] [Reply to “I’m having a
mare but it’s okayyy”]
272
10 Jan 2024 16:26:18
I have no idea what that is
273
10 Jan 2024 16:26:46
Ah sorry to hear that, the
sooner you get a chill time the better, I’m on full chill mode since being
back in Hong Kong and I love it[smiling emoji] [reply to “Things are still
crazy for me right now”]
274
10 Jan 2024 16:32:51
Voice Message [P3C(3-4)] So I sound absolutely
awful. But a visa run is when your visa runs out in a country and you have to
go to another country and reapply for a visa in order to get it approved. And
I knew my visa was going to run out. Because Thailand was so like. Hectic and
chaotic, I forgot to press pay now and I pressed pay later accidentally.
So, when I got to India, I realized fuck, I didn’t do my visa and I tried to
do it and I got told that U can’t do it in the same country. So I’ve had to
come to Nepal, like half broken body wise. I’m supposed to be getting like
just, it’s just, this is crazy. So now I am in Nepal, but I don’t have
the clothes for it. I left my bag like I don’t have big jumpers. I don’t have
track suits. I’m just cold. It’s cold, I. There was a rat in my room last
night when I got here. Just, just all the little things mixed into one
really that are kind of just breaking me slowly, but I’m sure it will be
fine. It will be fine. I wish I did my I didn’t really think technically for
the same price. I could have done my visa run to Hong Kong. It would have
taken a bit longer, but I could have just come to Hong Kong for like 5 days.
Even if that’s not that long, like could have just spent some time with you
for 5 days, done some bits and bobs, but I don’t really think ahead. I even
just looked at a ticket to Hong Kong now. But where I’ve ended up spending so
much money on just weird shit that I don’t have access to my other
accounts. Remember I was telling you. Until the end of this month. So I’m
just trying to be good, but yeah. [reply to Yeah you’re going
to have to explain this visa run to me”]
275
10 Jan 2024 18:46:06
Your voice is still better
than Koh Samui :)
276
10 Jan 2024 18:46:52
Tell me that you’ve
managed to access your bank account … haha
277
10 Jan 2024 18:47:08
Haha no
278
10 Jan 2024 18:47:08
Oh you really should have
come to Hong Kong [4 smiling emojis]
279
10 Jan 2024 18:47:47
No accommodation costs,
WiFi heating air con all set up etc.
280
10 Jan 2024 18:48:14
Fly me over
281
10 Jan 2024 18:48:18
It’s too late now
282
10 Jan 2024 18:48:20
Sad times
283
10 Jan 2024 18:48:25
Cost airport to airport? :)
284
10 Jan 2024 18:48:41
You still up for coming
over later? [reply to “It’s too late
now”
285
10 Jan 2024 18:48:57
100% [reply to “You still up for
coming over later?”]
286
10 Jan 2024 18:49:01
Was only 150 [reply to “Cost airport to
airport? :)”]
287
10 Jan 2024 18:49:17
Bargain, love SE Asia [reply to “Was only 150”]
288
10 Jan 2024 18:49:20
Later on the evening [reply to “You still up for
coming over later?”]
289
10 Jan 2024 18:49:21
[smiling emoji]
290
10 Jan 2024 18:49:27
Amazing! [reply to “100%”]
291
10 Jan 2024 18:49:34
I’ve got no plans [3
smiling emojis] [reply to “Later on this evening”]
292
10 Jan 2024 18:49:50
Apart from a fun catch up
call with London in 10 mins or so
293
10 Jan 2024 18:50:12
I’ve been so injury prone
these last 10 days don’t think you want to see me
294
10 Jan 2024 18:50:18
I’m boring
295
10 Jan 2024 18:50:37
Whenever you’re thinking of
coming just let me know the dates and I’ll block them off, stop friends from
London booking time to come out to see me [laughing emoji] has been a mad
rush in the new year
296
10 Jan 2024 18:50:52
Okay I will
297
10 Jan 2024 18:50:58
You’ve met me right?
[laughing emoji] honestly fun to just take you to cool bars and have great
food
298
10 Jan 2024 18:51:22
I’d actually die for that
right now
299
10 Jan 2024 18:51:29
At an absolutely max a
hike, but failing that a train ride up to the peak :)
300
10 Jan 2024 18:51:47
Always only a short flight
away [reply to “I’d actually die
for that right now”]
301
10 Jan 2024 18:52:00
“Short”
302
10 Jan 2024 18:52:02
I’d say the beach also but you gotta wait a few months before it’s
warm enough for that [reply to “At an absolutely max a hike, but failing that a team ride
up to the”]
303
10 Jan 2024 18:52:15
Oh it’s not as cold as
Nepal
304
10 Jan 2024 18:52:17
Relative to London, come on
now, give me so poetic license :)
305
10 Jan 2024 18:52:34
Oh definitely not! It’s
minimum 20 degrees [reply to “Oh it’s not as
cold as Nepal”]
306
10 Jan 2024 18:52:48
But not quite beach weather
like in the summer when it’s 30
307
10 Jan 2024 18:52:51
I could be there tomorrow
for 200£
308
10 Jan 2024 18:52:55
Hmm
309
10 Jan 2024 18:53:01
[laughing emoji]
310
10 Jan 2024 18:53:25
In all seriousness I have
nothing planned for this weekend, was just going to chill and do some
exploring
311
10 Jan 2024 18:54:05
This is a fundable amount by me :) [reply to “I could be there tomorrow for 200£”]
312
10 Jan 2024 18:54:31
I really feel like saying
fuck it and going to the airport
313
10 Jan 2024 18:54:51
Do itttttt
314
10 Jan 2024 18:55:36
Have a beautiful chilled
weekend while waiting for a visa
315
10 Jan 2024 18:55:55
I’ve not even sent you the
video of my flat that I sent to my mum and friends of where I
316
10 Jan 2024 18:56:02
Don’t tempt meee
317
10 Jan 2024 18:56:04
Show me
318
10 Jan 2024 18:56:09
That’s for sure 30% of the
motivation for friends booking to come out [laughing emoji]
319
10 Jan 2024 18:56:18
[3 laughing emojis]
320
10 Jan 2024 18:56:39
Video
321
10 Jan 2024 18:56:48
Sending [reply to “Show me”]
322
10 Jan 2024 18:57:49
I want to come
323
10 Jan 2024 18:58:23
You spelt that incorrectly
… but I don’t mind [reply to “I want to come”]
324
10 Jan 2024 18:58:30
[laughing emojis]
325
10 Jan 2024 19:01:16
I’m checking tickets and
visa stuff with Hong Kong what’s the deal
326
10 Jan 2024 19:01:18
Couldn’t resist hahah [reply to “emojis]
327
10 Jan 2024 19:01:25
Yay yay yay [reply to “I’m checking
tickets and visa stuff with Hong Kong what’s the deal”]
328
10 Jan 2024 19:01:53
I need it to be cheap
329
10 Jan 2024 19:01:55
[laughing emoji]
330
10 Jan 2024 19:01:57
[shocked emoji]
331
10 Jan 2024 19:03:01
I’ll subsidise :)
332
10 Jan 2024 19:03:55
[2 laughing emojis]
333
10 Jan 2024 19:07:05
Okay so
334
10 Jan 2024 19:07:10
I don’t need a visa
335
10 Jan 2024 19:07:23
Yeah no visa required
336
10 Jan 2024 19:07:57
Okkk
337
10 Jan 2024 19:08:34
Can you give me 24 hours. To try and access my
accounts To see if my visa gets
denied
338
10 Jan 2024 19:08:51
If it does get denied
& I can’t access my accounts then I’m not sure
339
10 Jan 2024 19:09:05
But if it gets denied
and I’ve accessed everything then I will come tomorrow
340
10 Jan 2024 19:18:31
Bad plan :(
341
10 Jan 2024 20:31:03
Sorry was on the phone to
my boss in London haha [reply to “But if it gets
denied and I’ve accessed everything then I will come tomorrow”]
342
10 Jan 2024 20:31:58
Not a bad plan at all, I’ll
keep my weekend open for you and if you wanna fly over tomorrow then that
would be lovely and can just have a nice chilled time hanging out like we did
on the beach in Koh Samui [smiling emoji]
343
10 Jan 2024 20:32:28
Can also pay for the
flight if that’s too steep, just let me know
344
10 Jan 2024 21:10:58
Yes I would love that &
aww I wouldn’t expect that but let’s see how finances go. X
345
10 Jan 2024 21:11:16
All I’m saying is if it’s
not this weekend, I’m coming very soon
346
10 Jan 2024 21:11:53
Gives me some time to think
of a mini surprise for you :) I know not expected just saying for avoidance
of doubt [reply to “Yes I would love that
& aww I wouldn’t expect that but let’s see how finances go. X”]
347
10 Jan 2024 21:12:00
Sure sure [smiling emoji] [reply to “All I’m saying
is if it’s not this weekend, I’m coming very soon”]
348
10 Jan 2024 21:11:40
Stop itttt. You looking after me out there is a big enough surprise
yet alone considering buying my ticket [reply to “Gives me some time to think of a mini surprise for you :)
I know not expected just saying for avoidance of doubt”]
349
10 Jan 2024 21:17:19
Now now, all I’m hearing is
that we’ve gotta change your expectations wildly :) [reply to “Stop itttt. You
looking after me out there is a big enough surprise yet alone considering
buying my ticket”]
350
10 Jan 2024 21:17:44
Looked after is the bare
minimum, I’m talking about a run surprise :) [reply to “Stop itttt. You
looking after me out there is a big enough surprise yet alone considering
buying my ticket”]
351
10 Jan 2024 21:18:28
I have an idea, but it’ll
work any weekend so no pressure [smiling emoji]
352
10 Jan 2024 21:30:45
Voice message [P3C(5-6)] So I just had this whole.
Thing in my. I’m gonna give it twe … 12 hours if I don’t have a visa by then, I’m
gonna come to Hong Kong, however, I just realized. I have no clothes. I’ve
got no … clothes with me. This is just a disaster. I feel like it’s all a
disaster at the moment.
353
10 Jan 2024 21:31:46
Hahah shopping it is then
354
10 Jan 2024 21:32:01
Or you can borrow my very
uncool clothes [laughing emoji]
355
10 Jan 2024 21:32:11
[2 laughing emojis]
356
10 Jan 2024 21:33:03
I mean HK is probably 60%
mall haha
357
10 Jan 2024 21:33:07
If not more
358
10 Jan 2024 21:34:11
Haha expensive place I’m
seeing how much return tickets are because like a fool. I looked from the
wrong country
359
10 Jan 2024 21:36:07
Hahaha yep that’ll do it [reply to “Haha expensive
place I’m seeing how much return tickets are because like a fool. I looked
from the wrong country”]
360
10 Jan 2024 21:36:18
Really it’s the stop over
in London that would add the expense :)
361
10 Jan 2024 21:36:34
[2 laughing emojis]
362
10 Jan 2024 21:38:44
Yeah no chance I’m coming
[2 laughing emojis] if I was in India it would’ve been half the price, But I
I could never ever let anyone pay my ticket that’s that price
363
10 Jan 2024 21:39:00
Hahah oh no :’(
364
10 Jan 2024 21:39:03
But no worries
365
10 Jan 2024 21:39:20
Oh wait I’m doing it wrong
again [4 laughing emojis]
366
10 Jan 2024 21:39:23
I’m tired I think
367
10 Jan 2024 21:39:26
[4 laughing emojis] [reply to “Oh wait I’m
doing it wrong again [4 laughing emojis]”]
368
10 Jan 2024 21:39:44
Can you look pls. Kathmandu
to Hon* Kong. Then a week later Hong Kong to Goa.
369
10 Jan 2024 21:40:07
Sure sure
370
10 Jan 2024 21:41:48
Photo [P3B(14)] (Screenshot of one way ticket from Kathmandu to Hong Kong £196)
371
10 Jan 2024 21:43:08
Photo [P3B(15)]] (Screenshot of one way
ticket from Hong Kong to Goa £173 to £217)
372
10 Jan 2024 21:43:33
Jesus Mary and Joseph
373
10 Jan 2024 21:43:55
Not the easiest airport to
get to :)
374
10 Jan 2024 21:44:03
Goa and Kathmandu that is
haha
375
10 Jan 2024 21:44:28
Don’t mind the stopping
it’s just cost. Okay
376
10 Jan 2024 21:44:32
Let’s think
377
10 Jan 2024 21:44:40
Idk what we’re thinking
about
378
10 Jan 2024 21:44:49
Half half, I’ll do in; you
do out [laughing emoji] [reply to “Idk what we’re
thinking about”]
379
10 Jan 2024 21:44:56
I wish we could sit and
talk over dinner and cocktails right now
380
10 Jan 2024 21:45:16
It’s only an 11 hour flight
away … hahah
381
10 Jan 2024 21:45:25
[2 laughing emojis]
382
10 Jan 2024 21:46:22
Photo [P3B(16)] (Kitchen with cooking in
progress)
383
10 Jan 2024 21:46:40
Oh stop it [heart eyes
emoji]
384
10 Jan 2024 21:46:48
I could cook you one too
385
10 Jan 2024 21:48:38
Well exactly, if you gotta
wait a week max for the visa, do that with me in Hong Kong, will be so much
more enjoyable
386
10 Jan 2024 21:48:59
I couldn’t agree more
387
10 Jan 2024 21:49:28
I’ll pay for you flight
out, no more rats and will be so much better
388
10 Jan 2024 21:49:42
Tragic that I’m not
exaggerating with that text ^ hahah
389
10 Jan 2024 21:51:30
[4 laughing emojis]
390
10 Jan 2024 21:51:54
And if in doubt, ask your
mum :)
391
10 Jan 2024 21:52:04
I’m hoping she’ll agree with
me [laughing emoji]
392
10 Jan 2024 21:52:13
Haha my mum will most
definitely agree
393
10 Jan 2024 21:52:32
Oh then why are debating :)
hahah
394
10 Jan 2024 21:52:42
It’s my own fault I’m
locked out my bank. That’s something I was meant to sort out today and
yesterday but I’m in Nepal
395
10 Jan 2024 21:52:49
Honestly I’m stressing
over money
396
10 Jan 2024 21:52:55
That’s the honest truth
397
10 Jan 2024 21:53:06
I like to treat others
and look after myself
398
10 Jan 2024 21:53:27
This 3 month blip I’ve
done well but I just wanted to get my affairs in order you could say lol
399
10 Jan 2024 21:53:39
I have the money. Just
no access
400
10 Jan 2024 21:53:44
It’s driving me crazy
401
10 Jan 2024 21:54:25
Yeah I get that being soooo annoying
402
10 Jan 2024 21:55:26
You can try and fix that
here though, like I have a physical key for my flat, you can sort that out
being in one place knowing I can get cash out for you making it easier etc
403
10 Jan 2024 21:55:55
Same [smiling emoji] [reply to “I like to treat
others and look after myself”]
404
10 Jan 2024 21:56:06
Yeah that’s true. It’s
calls I gotta spend a day on my English phone making calls. But your right
405
10 Jan 2024 21:56:47
Yeah but you can do that
from a nice flat with great internet, food in the cupboard and living shit in
it like a kettle hob and oven [smiling emoji] [reply to “Yeah that’s
true. It’s calls I gotta spend a day on my English phone making calls. But
your right”]
406
10 Jan 2024 21:57:10
I love your encouragement
and enthusiasm
407
10 Jan 2024 21:57:14
You might have me
408
10 Jan 2024 21:57:58
Come on now, let’s stop
making bad decisions :)
409
10 Jan 2024 21:58:41
Get your life back in order
in a former British location with ever civilized comfort
410
10 Jan 2024 21:58:46
Won’t take more than a
couple of days
411
10 Jan 2024 22:07:44
Oh there’s a direct flight
from Kathmandu to Hong Kong tomorrow at midday, 4.5 hours and you’d get here
in time for dinner
412
10 Jan 2024 22:08:11
How much is that
413
10 Jan 2024 22:08:32
Less than I’ve spent on
dinner hahah
414
10 Jan 2024 22:08:37
Voice message [P3C(7-8)] Ok, so I applied or my visa
at 9:00 yesterday or 9:30. Let’s give it till 9:30. If my visa
and it takes 24 hours normally. Sometimes it takes 48 hours. My visa doesn’t
come, I’m coming to Hong Kong and I’ll just figure out how I’m going to get
out the country when it’s time to get out the country. So. Yeah.
415
10 Jan 2024 22:08:47
[3 laughing emojis]
416
10 Jan 2024 22:08:57
Voice message [P3C(9-10)] I just don’t wanna suddenly be stuck in Hong Kong and then have no
money to get back to India or back anywhere. So yeah
417
10 Jan 2024 22:09:14
Hahah fair enough
418
10 Jan 2024 22:09:35
Photo [P3B(17)] (Screenshot of direct
flight from Kathmandu to Hong Kong at £372)
419
10 Jan 2024 22:11:29
I’ve just checked and I
have no meetings tomorrow so if you need me to book you the flight with your
details I can do that at 9 which should give you enough time to get to the
airport - you won’t need a visa for Hong Kong, you have 90 days visa free on
arrival and I’ll give you my address for you to fill in the card so that will
all be chilled
420
10 Jan 2024 22:11:52
Didn’t want to be sending
you on an 11 hour flight with a connection if I can avoid it :) haha
421
10 Jan 2024 22:12:41
Oh and the time difference
is working for me where 9am is not 9am here, what a win [3 laughing emojis]
422
10 Jan 2024 22:23:29
How about I do the 11
hour journey but you sort me a return flight
423
10 Jan 2024 22:25:01
Easy peasy
424
10 Jan 2024 22:25:24
There’s no direct flights
but can book another c11hour with one connection for like £200
425
10 Jan 2024 22:25:33
Much less than I’ve spent
on dinner before :) hahaha
426
10 Jan 2024 22:29:36
So you could potentially
do my return. Right I’d need to go to a mall on arrival. What shops do they
have there x
427
10 Jan 2024 22:29:36
I’ll do your return easy
428
10 Jan 2024 22:29:47
Malls in Hong Kong…?
429
10 Jan 2024 22:29:57
Literally ever store that
you could imagine
430
10 Jan 2024 22:32:37
Tbh work is very chilled, I
could meet you at the airport on arrival, set you up with some cash, travel
card, show you into the city
431
10 Jan 2024 22:33:28
The train into the city actually ends in a mall which is the same
place as where my office is, so happy to leave you there for you to get
432
10 Jan 2024 22:34:09
Can give you the key to my flat also
so you can walk there whenever you want once you’ve got your clothes if I’m
at work [emojis] all pretty straight forward
433
10 Jan 2024 22:40:12
Your gonna hate me [X’s
name]
434
10 Jan 2024 22:43:43
My visa got approved. Can I
book in a Hong Kong date with you and book it properly so 1. I have my
money and 2. My clothes and life x
435
10 Jan 2024 22:46:13
Ah congratulations! I’m
sure that’s a load off your mind [smiling emoji] [reply to “My visa got
approved. Can I book in a Hong Kong date with you and book it properly so I,
1 have my money and 2. My clothes and life x”]
436
10 Jan 2024 22:46:48
Voice Message [P3C(11-12)] So I literally just decided
to check my visa and my visa got approved and I feel like I’ve cried so much
in this room and I’ve just had so much stress and I just need to. I need to
go back, but I’ve got a plan. So before I go to Thailand, maybe I’m gonna see
what’s cheaper, whether it’s me coming to Thailand and that way I can pay for
my own shit as well, I hate people paying for me, but that way I’ll see if
it’s cheaper to go from India to Hong Kong, Hong Kong to Thailand or like.
Thailand, India to Thailand, Thailand to Hong Kong. Stuff like that. Because
I’m here. Don’t you worry. I’m definitely gonna come and see you. Especially
after …
437
10 Jan 2024 22:47:11
Of course, let’s pick a
date once you’re settled in India, ideally a week in Jan just because my mum
comes to Hong Kong to stay with me early Feb [laughing emoji]
438
10 Jan 2024 22:49:18
Nah of course, and please
don’t stress on my account or trying to get over here! You’re more than
welcome here any time so long as my flat is free [reply to voice message]
439
10 Jan 2024 22:51:50
I’ll be honest my opinion
is really torn on the no clothes being an issue [wink emoji] but agree this
makes so much more sense and will be way more relaxing and nicer [reply to “My visa got
approved. Can I book in a Hong Kong date with you and book it properly so I,
1 have my money and 2. My clothes and life x”]
440
12 Jan 2024 18:26:58
View once photo Description: something else
waiting for you in HK
441
12 Jan 2024 18:48:24
[2 fire emojis]
442
13 Jan 2024 02:03:35
Hey
443
13 Jan 2024 10:34:46
Hey, sorry was asleep as it
was 2:30 am here [laughing emoji]
444
13 Jan 2024 10:34:51
How’s it going?
445
13 Jan 2024 11:42:44
That’s okay
446
13 Jan 2024 17:03:30
Have spent the whole day
sleeping, has been lovely [smiling emoji]
447
13 Jan 2024 17:04:25
Do you want to pick a date
to fly over to HK? Then I can block my friends from coming over at the same
time [smiling emoji]
448
14 Jan 2024 18:24:45
Photo [P3B(18)] (Photo of Hong Kong harbour)
449
14 Jan 2024 18:24:46
Photo [P3B(19)] The view from run along the
harbour
450
17 Jan 2024 16:00:19
Is march too far for you
451
17 Jan 2024 16:00:37
How long can I come for
too!
452
17 Jan 2024 16:00:47
After there I will fly home
so looking at dates and prices
453
17 Jan 2024 16:00:56
Unless you still wanna
treat me haha
454
17 Jan 2024 16:01:00
How’s work been this week?
455
17 Jan 2024 16:05:19
I finish in Thailand
beginning of march. X
456
17 Jan 2024 16:12:22
Hello [smiling emoji]
457
17 Jan 2024 16:12:33
Helooooosorry
458
17 Jan 2024 16:12:40
ADHD brain just went full
charge
459
17 Jan 2024 16:12:43
Hahahaha
460
17 Jan 2024 16:12:46
Love it
461
17 Jan 2024 16:13:33
[graph and female emoji]
462
17 Jan 2024 16:13:40
So it’s up to you, randomly
the dates I can do I’d this week [laughing emoji] but then I’m flying out to
Ho Chi Minh for the weekend in 26 of Jan
463
17 Jan 2024 16:14:51
Then I’m free from Feb 28 -
Feb 8 (my mum comes out the next day to see me), then I’m pretty much blocked out
until Mar 11 (have a couple of weeks with no plans yet) then I’m off to
Taiwan on 26 of Mar
464
17 Jan 2024 16:15:12
Then have friends over from
apr 1 to apr 10
465
17 Jan 2024 16:15:43
Of course, playing with
Monopoly money over here [3 laughing emojis]
466
17 Jan 2024 16:16:11
So chilled as per usual
[laughing emoji] how was your week? The concert you went to looked
insane, very jealous [reply to “How’s work been
this week?”]
467
17 Jan 2024 16:16:30
Oh nooooo this week is a no go. You might be married by the time I
get round to coming
468
17 Jan 2024 16:17:21
So the best time is march
11th - 26th any dates between that. And Feb 29th - March 8th
469
17 Jan 2024 16:17:21
[3laughing emojis] I told
you about the mad rush from all my friends wanting to take advantage of the
free hotel that is my place before I leave
470
17 Jan 2024 16:17:40
Christ your a busy man
471
17 Jan 2024 16:18:05
How long are you in Taiwan
for!! That’s so cool. Is it for work?
472
17 Jan 2024 16:19:36
Basically yes, best time is
11-26 March and max length for a week as I know some friends are booking
flights for around that time [laughing emoji] [reply to “So the best time
is march 11th - 26th any dates between that. And Feb 29th - March 8th”]
473
17 Jan 2024 16:19:48
Okay cool
474
17 Jan 2024 16:19:55
No can do on Feb 29 - Mar 8 am going to be in Bali with a friend from
the U.K. [laughing emoji] [reply to “So the best time is march 11th - 26th any dates between
that. And Feb 29th - March 8th”]
475
17 Jan 2024 16:20:07
[3 laughing emojis]
476
17 Jan 2024 16:20:10
You get around
477
17 Jan 2024 16:21:21
Taiwan from 26 March - 31
Mar, he’s a good friend who speaks mandarin and Cantonese and he wanted
to go together so he can do the translation stuff and I can be his token
whites friend [3 laughing emojis] not sure it’s fair exchange but we move on
478
17 Jan 2024 16:22:00
Then the plan at the moment
is to leave for London on 20 April but I may ask for a couple weeks unpaid
leave depending on how busy London is
479
17 Jan 2024 16:22:01
18th - 24th march maybe
480
17 Jan 2024 16:22:05
Not banking on getting that
though
481
17 Jan 2024 16:23:03
Okay cool makes sense. I
need your lifestyle
482
17 Jan 2024 16:23:04
If you ever want a
travel companion you know where I am
483
17 Jan 2024 16:23:11
Perfect, I can hold those
dates and make sure no one else books
484
17 Jan 2024 16:24:16
I mean I have a couple of
days holiday which I could use for a long weekend here if you wanted to do 4
days in HK and then 3 days somewhere else? Like a long weekend type
485
17 Jan 2024 16:25:07
Take it away [X’s name]
486
17 Jan 2024 16:25:08
Will have a sit down and
look
487
17 Jan 2024 16:25:10
Love a husband like you
488
17 Jan 2024 16:25:11
An adventurous lifestyle
489
17 Jan 2024 16:25:56
That could be fun! Where is
close to HK
490
17 Jan 2024 16:26:02
Photo [P3B(20)] I mean as you know, it’s
50% chaos adventure, 50% meticulous planning [reply to “Love a husband
like you”]
491
17 Jan 2024 16:26:09
I’m happy with my balance though
492
17 Jan 2024 16:26:39
So am I, it’s very
attractive [reply to “I’m happy with my balance
though”]
493
17 Jan 2024 16:28:01
I was looking at flights to
Seoul, I really want to go back and you can do that easily, or others on my
list were Singapore, Kuala Lumpur, Cebu or Manila. Osaka (have been before)
and
494
17 Jan 2024 16:28:11
They were the only places I
think I’d be able to get to
495
17 Jan 2024 16:28:31
Singapore [2 heart eyes
smiling emoji] Manila [1 heart eyes smiling emoji]
496
17 Jan 2024 16:28:32
I inly have like 5 free
weekends where someone isn’t in HK or I’m not in HK until I leave in mid
April …
497
17 Jan 2024 16:29:02
We can also plan that later
down the line, Manila was definitely higher on my list to just
498
17 Jan 2024 16:29:08
Yeah I understand
499
17 Jan 2024 16:29:16
But Singapore I may be
lumping with work [laughing emoji]
500
17 Jan 2024 16:29:25
[2 laughing emojis]
501
17 Jan 2024 16:32:02
Hence preference for Manila
502
17 Jan 2024 16:32:39
My life is quite insane fir
the next few months hahah it’s never normally like this with holidays and
travelling. It’s usually worse but with work [laughing emoji]
503
17 Jan 2024 16:32:48
Let’s go thereeeee
504
17 Jan 2024 16:38:07
Cool cool cool
505
17 Jan 2024 16:38:53
How much is it from HK
506
17 Jan 2024 16:39:22
Just looking
507
17 Jan 2024 16:40:19
Like 150£ for flights
508
17 Jan 2024 16:40:25
Direct, 2.5 hours
509
17 Jan 2024 16:54:03
Okay not bad
510
17 Jan 2024 16:56:14
Would you still prefer to come out in March rather than 29 Jan to 6
Feb? Appreciate that in Mar the Manila trip is easier to book
511
17 Jan 2024 16:56:17
Just checking
512
17 Jan 2024 17:08:01
Voice message [P3C(13-14)] Yeah, I think that for me,
that might make more sense just because I meant to be taking my mum to
Thailand on the 1st of Feb, meaning that if I went to Hong Kong,
I don’t know. Like, I feel like the time I mean to be fair.
I’m not. I’m not supposed to take my mum to Thailand until the 7th of
February, so if I got a return ticket Hong Kong to like Goa to Hong Kong or Hong Kong to
Goa? Then I could potentially make it, but would you still want to go to
Manila or would you want to stay in Hong Kong?
513
17 Jan 2024 17:11:23
I’d still want to go to
Manila tbh, would need to check I can take a couple days holiday for that
week but should be fine - would also need to check weather there if it’s the
season to go
514
17 Jan 2024 17:11:41
Voice message [P3C(15-16)] Oh wait, I’ve just realised
something. The reason I have to stay in India is because one of my friends
who’s just had a baby. She’s coming here. And she gets here on the 26th
January. So I think I have to stay here until like the 6th February
just to spend time with her before she goes, and then I can. Then I’m going
to Thailand for six weeks or four weeks, depending on my financial situation.
And then, I am coming back. Yes. And then I’ll come to Hong Kong
515
17 Jan 2024 17:11:45
You could also just get a
one way to HK from Goa and then direct HK to Thailand, that will be much
easier
516
17 Jan 2024 17:12:00
Hahahah
517
17 Jan 2024 17:12:09
Ah no worries at all!
518
17 Jan 2024 17:12:20
Let’s stick with March then
519
17 Jan 2024 17:12:48
Voice message [P3C(17-18)] Yeah, I would definitely
say let’s stick to March just cause March is like the most open that I’m
actually gonna end up being for a period of time. So yeah, I think March
works for me. If it works for you. And so I sound like this, I sound crazy.
520
17 Jan 2024 17:13:25
Yeah, I’ve blocked that
week off
521
17 Jan 2024 17:13:38
Just let me know once
you’ve booked flights and we can take it from there
522
17 Jan 2024 17:14:09
Voice message [P3C(19-20)] Ok cool. I’ll probably book
my flight to Hong Kong. At the end of this month. Yeah, I’ll probably do
that.
523
17 Jan 2024 17:29:07
Yeah, that’s all cool [reply to voice message]
524
17 Jan 2024 17:29:11
I’m excited
525
17 Jan 2024 17:29:50
So am I
526
22 Jan 2024 20:11:19
Hello babe
527
22 Jan 2024 20:11:21
How are we x
528
22 Jan 2024 20:22:10
Hello hello
529
22 Jan 2024 20:22:22
Very well thank you! Went
on a hike this weekend which was really fun
530
22 Jan 2024 20:22:24
You?
531
22 Jan 2024 20:25:25
I’m veryyy well. Miss
accident in the corner here. I went out the other night someone stepped on my
foot with heals. I’ve honestly had the weirdest time
532
22 Jan 2024 20:25:57
Oh no! Hope you’re feeling
ok [reply to “I’m veryyy well.
Miss accident in the corner here. I went out the other night someone stepped
on my foot with heals. I’ve honestly had the weirdest time”]
533
22 Jan 2024 20:26:10
Clearly in the wars on your
travels :)
534
22 Jan 2024 20:26:25
Do you have time for me in
Feb
535
22 Jan 2024 20:28:07
Then I’m free from Jan 29 -
Feb 8 but then my mum comes on Friday Feb 9
536
22 Jan 2024 20:28:20
Other than that it’s blocked out with my mum and friends [laughing
emoji] [reply to “Do you have time for me in Feb”]
537
22 Jan 2024 20:28:49
Shall I come 1st week of
Feb [reply to “Then I’m free
from Jan 29 - Feb 8 but then my mum comes on Friday Feb 9”]
538
22 Jan 2024 20:28:52
I’m considering
539
22 Jan 2024 20:28:55
Yeah!!
540
22 Jan 2023 20:29:08
X ray tomorrow then will
let you know
541
22 Jan 2024 20:30:25
Philippines will be tricky
that quickly but come over to HK for the week beginning of Feb, then can
always do Philippines at some point later down the line
542
22 Jan 2024 20:30:58
There’s enough to do in HK
to keep you occupied and I’ll be around in the weekends and I think evenings
as well tbh
543
22 Jan 2024 20:31:01
Work is still quiet
544
22 Jan 2024 20:31:32
Just let me know, I won’t plan
anything before you’ve confirmed either way [smiling emoji]
545
22 Jan 2024 20:32:08
Okay I get paid at the end
of the week. I’ve paid a lot out in hospitalstupid bills and shit. I’m
quite happy to just chill and explore. I’ve heard HK is expensive and
unfortunately I’m not financially prepared.
546
22 Jan 2024 20:32:39
Hahaha, sugar daddy here we
come :)
547
22 Jan 2024 20:32:47
I know you will hate this
btw^
548
22 Jan 2024 20:32:48
Hahaha
549
22 Jan 2024 20:32:53
Is that you [laughing
emoji]
550
22 Jan 2024 20:32:55
[laughing emoji]
551
22 Jan 2024 20:33:03
I guess it’s good to be
treated sometimes right
552
22 Jan 2024 20:33:26
GIF [hahaha]
553
22 Jan 2024 20:34:00
Let’s see how much my
return is
554
22 Jan 2024 20:34:02
Shall we
555
22 Jan 2024 20:34:09
Goa to HK and back
556
22 Jan 2024 20:34:14
Hopefully it’s next to
nothing
557
22 Jan 2024 20:34:20
Mr Monopoly
558
22 Jan 2024 20:34:37
Honestly rent is a killer,
everything else really isn’t too bad [reply to “Okay I get paid
at the end of the week. I’ve paid a lot out in hospitalstupid bills and shit.
I’m quite happy to just chill and explore. I’ve heard HK is expensive and
unfortunately I’m not financially prepared.”]
559
22 Jan 2024 20:34:43
Got Monopoly money out here [reply to “Mr Monopoly”]
560
22 Jan 2024 20:33:09
Yeah, let me know if you
need any help booking flights [reply to “Goa to HK and
back”]
561
22 Jan 2024 20:35:28
Probably do
unfortunately when I get back to London I will take you out
562
22 Jan 2024 20:35:41
Very excited then [reply to “Probably do unfortunately when I get back to London I will
take you out”]
563
22 Jan 2024 20:36:12
Yeah can book flights
whenever. I also have nothing to do during that week so if you want to come
over on Monday and just chill for longer then that would be great [smiling
emoji]
564
22 Jan 2024 20:36:28
Looking now
565
22 Jan 2024 20:36:49
Thursday 1st
566
22 Jan 2024 20:37:18
Yeh you could come from mon
29 Jan
567
22 Jan 2024 20:37:27
No worries of Thursday 1 is
the earliest
568
22 Jan 2024 20:37:37
(Especially if I’m booking
your flights) [2 laughing emojis]
569
22 Jan 2024 20:37:47
I think I’m gonna be hungover on hang
over on that day. It’s also gonna be my last day at work
570
22 Jan 2024 20:38:29
Hahaha, what better way to
spend it than on a flight heading to serenity :)
571
22 Jan 2024 20:38:44
No worries obviously. Just
so you know it’s available as an option [smiling emoji]
572
22 Jan 2024 21:07:02
[Heart emoji]
573
22 Jan 2024 21:20:26
Not given me much time to
think of a little surprise, think I’ve got you covered in any case :)
574
22 Jan 2024 21:20:58
Don’t worry about
surprises. You’re treating me like gold. Don’t worry [Heart emoji]
575
22 Jan 2024 21:21:03
I will say I’m a slow
burn
576
22 Jan 2024 21:21:51
Hahaha I’ve already got an
idea
577
22 Jan 2024 21:22:07
Hahaha I’ve already got an idea [reply to “I will say I’m a slow
burn”]
578
22 Jan 2024 21:32:34
Okay so gonna relay some
dates to my mum and check when my friend is coming
579
22 Jan 2024 21:32:40
Then I will send you
580
22 Jan 2024 21:33:29
I’m excited
581
22 Jan 2024 21:33:46
Perfect! May head to sleep
soon if you send me the flights you want I’ll check them and book you tickets
as well
582
22 Jan 2024 21:33:54
Promise you’ll look
after me though hahaha
583
22 Jan 2024 21:34:01
Okay cool we can book them tomorrow
if anything
584
22 Jan 2024 21:34:03
Just send me a photograph
of your passport so I can fill in the details
585
22 Jan 2024 21:34:03
X
586
22 Jan 2024 21:34:24
No, I’m paying for your
flights but will refuse to look after you once you get here :) hahaha
587
22 Jan 2024 21:34:39
Yeah for sure [reply to “Okay cool we can
book them tomorrow if anything”]
588
22 Jan 2024 21:35:04
If you arrive in the
evening I can even pick you up from the airport and make sure you’re able to
get around etc.
589
22 Jan 2024 21:35:18
Okay cool
590
22 Jan 2024 21:35:40
You’ll have. Key to my
flat, it’s a keycard so you’ll be able to get in and out as you please (I
have one on my phone) and any questions / stuff I’m only a phone call away
591
22 Jan 2024 21:35:51
Loving this
592
22 Jan 2024 21:35:53
Me too? [reply to “I’m excited”]
593
22 Jan 2024 21:35:55
!*
594
22 Jan 2024 21:36:06
Sorry one of the worst punctuation
typos to do [laughing emoji]
595
22 Jan 2024 21:36:16
Ok?
596
22 Jan 2024 21:36:18
[3laughing emojis]
597
22 Jan 2024 21:37:03
I can also pick you up
with some HK dollars or get any money out you need as I don’t get changed fees to convert
stuff out here and as I said I have a guide book for HK so you can use that
as you need [reply to “Loving this”]
598
22 Jan 2024 21:37:18
Wouldn’t stress, everything
is in hand and arranged [smiling emoji]
599
22 Jan 2024 21:37:38
Yayyyy. This is sooo
exciting
600
22 Jan 2024 21:37:41
My flat also has a gym
within the building, roof terrace and placed to work if you need that so will
be super comfortable
601
22 Jan 2024 21:37:47
I’m so excited
602
22 Jan 2024 21:37:48
Gym
603
22 Jan 2024 21:37:52
Gym!!! [heart eyes emoji]
604
22 Jan 2024 21:38:40
https://www.townplace.com.hk/en/soho
605
22 Jan 2024 21:39:15
Oh my address is as
follows, you’ll need to write it in to where you’re staying on your landing card when you
get here but the link is so you can see what I have in my building
606
22 Jan 2024 21:39:32
And you opted for rat infested Nepal ;) silly
[reply to “https://www.townplace.com.hk/en/soho”]
607
22 Jan 2024 21:40:08
11/F, Flat J, TOWNPLACE
SoHo, 18 Caine Road, Central, Hong Kong
608
22 Jan 2024 21:41:19
I have an X ray tomorrow
morning
609
22 Jan 2024 21:41:26
So after that will send you
everything
610
22 Jan 2024 21:41:44
Cool cool cool
611
22 Jan 2024 21:41:51
Good luck with the x ray!
612
22 Jan 2024 21:49:30
Maybe I’m gonna get my
eyelashes in Hong Kong
613
22 Jan 2024 21:51:18
Oh yeah! And you should get
massages while you’re here, it’s quite a big thing a pretty cheap
614
22 Jan 2024 21:51:24
Not as cheap as Thailand
but still good
615
22 Jan 2024 21:57:08
Okay cool. Like I said.
Lovely of you to want to pay for me
616
22 Jan 2024 21:57:20
But I’m still gonna be
tight and good with money
617
23 Jan 2024 11:19:33
Hahah, nice nice nice [reply to “But I’m still
gonna be tight and goof with money”]
618
23 Jan 2024 11:20:12
Yeah, I always hate how lumpy my pay is [laughing emoji] over the
next few months it should get insane
619
23 Jan 2024 11:20:47
It’s never too bad though.
Although having a student loan is peak irritating
620
23 Jan 2024 14:45:49
Haha, I get that
621
23 Jan 2024 14:52:03
Although I do believe I
hear the faintest sound of the world’s smallest violin playing in the
background
622
23 Jan 2024 21:00:31
How was your X ray?
623
23 Jan 2024 21:08:37
Meh not the best but
624
23 Jan 2024 21:08:44
Just waiting on the next
step
625
23 Jan 2024 21:09:03
Very accident prone
626
23 Jan 2024 21:16:45
Oh no, well hope you feel
better! [reply to “Just waiting on
the next step”]
627
23 Jan 2024 21:16:57
The sooner you’re in bubble
wrap the better:) [reply to “Very accident
prone”]
628
23 Jan 2024 21:18:19
Bubble wrap might be a
cast. Which is a bit shit [reply to “The sooner
you’re in bubble wrap the better:)”]
629
23 Jan 2024 21:21:57
Oh no! That’s not fun at
all
630
23 Jan 2024 21:22:11
[upside down smiling emoji]
631
23 Jan 2024 21:22:19
I hate myself for it
632
23 Jan 2024 21:22:25
Wasn’t actually my fault
633
23 Jan 2024 22:46:22
I can imagine, especially
if it wasn’t your fault hahah [reply to “I hate myself
for it”]
634
25 Jan 2024 12:11:20
Cast or no cast?
635
25 Jan 2024 14:01:11
Boot
636
25 Jan 2024 14:01:28
Hahahaha
637
25 Jan 2024 14:01:30
Sorry
638
25 Jan 2024 14:01:39
I hope you’re feeling
alright [smiling emoji]
639
25 Jan 2024 14:05:22
It’s okkk haha
640
25 Jan 2024 14:06:14
I’ve opted not to wear it
641
25 Jan 2024 14:06:24
It’s here but it will be
fine
642
25 Jan 2024 14:09:39
Hahah oh I see
643
25 Jan 2024 14:09:46
Well then, that sounds fine
644
25 Jan 2024 14:09:58
So you want a flight for
next week? What are ya thoughts?
645
25 Jan 2024 14:22:05
Yeahhhh I do
646
25 Jan 2024 14:30:02
Well that’s phenomally
exciting!
647
25 Jan 2024 14:30:17
What day were you thinking?
I have nothing booked for that week yet
648
25 Jan 2024 14:36:28
1st Feb, you have a bed
right
649
25 Jan 2024 14:38:52
Haha yep
650
25 Jan 2024 14:39:51
You can come earlier if you
want, but you would need to leave on 8 Feb as my mum is arriving on 9 of Feb
651
25 Jan 2024 18:13:02
I’m only going to
do 5 days
652
25 Jan 2024 18:16:30
Lovely that’s great then
653
25 Jan 2024 18:16:40
Will also have the whole
weekend
654
25 Jan 2024 18:16:56
Send over your preferred
flights and I’m happy to book later this evening when I’m
655
25 Jan 2024 18:29:55
Okay so
656
25 Jan 2024 18:30:09
30th - 5th
657
25 Jan 2024 18:30:35
But I was freaking out
about accommodation and maybe thinking I should book somewhere as back up
658
25 Jan 2024 18:31:03
Haha no don’t be silly that
will be so expensive, you can stay at mine [reply to “But I was
freaking out about accommodation and maybe thinking I should book somewhere
as back up”]
659
25 Jan 2024 18:32:02
Those dates are fine
obviously! [smiling emoji] [reply to “30th - 5th”]
660
25 Jan 2024 18:32:17
I know but I told you I’m a slowwww burn [reply to “Haha no
don’t be
silly that will be so expensive, you can stay at mine”]
661
25 Jan 2024 18:32:50
My ex boyfriend I didn’t
sleep with him for 4 months. I’ve also been celibate
662
25 Jan 2024 18:32:52
[Laughing emoji]
663
25 Jan 2024 18:33:02
I just overthink at times
664
25 Jan 2024 18:34:05
Just to be clear there’s
no obligation to do anything [laughing emoji] will just be nice and fun to
show you HK
665
25 Jan 2024 18:34:33
Okay
666
25 Jan 2024 18:34:36
I can’t wait
667
25 Jan 2024 18:35:02
Yeah, I get it, honestly
I’m not expecting anything, would much rather we just see how we get along
when we’re spending time
668
25 Jan 2024 18:35:21
I agree
669
25 Jan 2024 18:35:32
Have they got good cheese
out there [laughing emoji]
670
25 Jan 2024 18:35:41
No, not at all
671
25 Jan 2024 18:35:57
But I can show you some
fire Cantonese food and incredible dim sum :) [reply to “Have they got
good cheese out there [laughing emoji]”]
672
25 Jan 2024 18:36:16
Whole of Asia
673
25 Jan 2024 18:36:19
No cheese
674
25 Jan 2024 18:36:26
I’m down! [reply to “But I can show
you some fire Cantonese food and incredible dim sum :)”]
675
25 Jan 2024 18:36:36
They’ve got like cool bars
right
676
25 Jan 2024 18:36:43
I’ve heard it’s cool there
677
25 Jan 2024 18:37:07
Oh they’ve got incredible
bars!
678
25 Jan 2024 18:37:11
We’re going to have fun
679
25 Jan 2024 18:37:17
Many a bar crawl I think
680
25 Jan 2024 18:37:18
I think we are
681
25 Jan 2024 18:37:29
Haha
682
25 Jan 2024 18:37:50
Ah I will need a SIM card
683
25 Jan 2024 18:38:01
Does the airport have them
do you think
684
25 Jan 2024 18:38:47
You can do an e sim? [reply to “Ah I will need a
SIM card”]
685
25 Jan 2024 18:38:49
Maybe we need an itinerary
686
25 Jan 2024 18:38:52
I’m honestly not too sure
687
25 Jan 2024 18:39:02
Give me your dates and
you’ll get an XLS
688
25 Jan 2024 18:39:16
As in specific flights,
that will anchor everything and then I can start looking
689
25 Jan 2024 18:39:34
Will have to google this I
think, I just have an e sim for my phone [reply to “Does the airport
have them do you think”]
690
25 Jan 2024 18:39:41
Okay bare with me I’m
waiting for my friend to get back to me
691
25 Jan 2024 18:39:47
I see okay [reply to “Will have to
google this I think, I just have an e sim for my phone”]
692
25 Jan 2024 18:40:18
I wanna try fit as much in
as possible
693
25 Jan 2024 18:40:30
But also 5 days is plenty
of time [reply to “Maybe we need an
itinerary”]
694
25 Jan 2024 18:40:38
I’ll pick the things I want
to join you for of course
695
25 Jan 2024 18:40:47
A woman after my own heart [reply to “I wanna try fit
as much in as possible”]
696
25 Jan 2024 18:41:11
Okay you think? They’re
gonna go crazy with a black girl in town
697
25 Jan 2024 18:41:11
Maybe [reply to “A woman after my
own heart”]
698
25 Jan 2024 18:41:23
Join me for as much as you
can! [reply to “I’ll pick the
things I want to join you for of course”]
699
25 Jan 2024 18:42:28
I wanna go to some
niceeee places. Gonna treat it like a luxe day outttt in London
700
25 Jan 2024 18:43:07
Ahah they really won’t,
super international [reply to “Okay you think?
They’re gonna go crazy with a black girl in town”]
701
25 Jan 2024 18:43:25
Especially where you’re
staying in central, you will see the most British people you ever
702
25 Jan 2024 18:43:33
[3 laughing emojis]
703
25 Jan 2024 18:43:40
Oh perfect! You’re here for
Wednesday
704
25 Jan 2024 18:44:52
Then we can do happy valley
Wednesday!!!
705
25 Jan 2024 18:45:00
What’s that?
706
25 Jan 2024 18:45:35
I’ve just remembered as
well my olddddd school best friend lives there
707
25 Jan 2024 18:47:22
https:\\happywednesday.hkjc.com/en/index.aspx [reply to “What’s
that?”]
708
25 Jan 2024 18:47:27
Big thing in HK to do
709
25 Jan 2024 18:47:48
Okay great
710
25 Jan 2024 18:47:49
Oh of course! Every evening
and all weekend for sure. Just have to work during the day :) [reply to “Join me for as
much as you can!”]
711
25 Jan 2024 18:48:12
Of course, let me have a
think for more stuff to do, there really is no shortage [reply to “I wanna go to
some niceeee places. Gonna treat it like a luxe day outttt in London”]
712
25 Jan 2024 18:48:18
I’m gonna send you some
stuff on insta. Yeah that’s fine X
713
25 Jan 2024 18:48:35
I will update the itinerary
accordingly and do my own research
714
25 Jan 2024 18:48:40
You work work work. And
then evenings we can enjoy
715
25 Jan 2024 18:48:43
I need to do that this
evening. I’m flying to Vietnam as well
716
25 Jan 2024 18:48:48
You don’t work weekends
right
717
25 Jan 2024 18:48:49
Yeah, all gooooood [reply to “You work work
work. And then evenings we can enjoy”]
718
25 Jan 2024 18:48:53
Nopeeee! [reply to “You don’t work
weekends right”]
719
25 Jan 2024 18:48:56
When!!! [reply to “I need to do
that this evening. I’m flying to Vietnam as well”]
720
25 Jan 2024 18:48:57
Do in London [laughing
emoji]
721
25 Jan 2024 18:49:03
Tomorrow [reply to “When!!!”]
722
25 Jan 2024 18:49:06
Only for the weekend
723
25 Jan 2024 18:49:07
Oh Christ
724
25 Jan 2024 18:49:13
Looool [reply to “Tomorrow”]
725
25 Jan 2024 18:49:15
Wtf why
726
25 Jan 2024 18:49:16
Jet setting lifestyle
727
25 Jan 2024 18:49:25
I need your lifestyle
728
25 Jan 2024 18:49:33
Didn’t get enough of Ho Chi Minh when I was there. [Y] so going back for the
729
25 Jan 2024 18:49:40
Also wanted to solo travel
a bit
730
25 Jan 2024 18:49:55
I really should’ve done
Vietnam properly too
731
25 Jan 2024 18:50:53
Haha, there’s still time,
you’re not dying imminently :) [reply to “I really
should’ve done Vietnam properly too”]
732
25 Jan 2024 18:51:08
My lifestyle was hard
earned, wouldn’t recommend hahaha
733
25 Jan 2024 18:51:16
Well I would but without
cost
734
25 Jan 2024 19:03:04
Hard earned is good. I
can’t wait to get back into life equally I’m enjoying just living atm
735
25 Jan 2024 19:03:31
Yeah I get what you mean
736
25 Jan 2024 19:03:46
Is it cold there? Idk what
appropriate clothing I have. Ever since I lost my laundry I’Ve been living in
bikinis and sarongs
737
25 Jan 2024 19:03:57
I worked that out about
myself a while ago, like I’m only happy pushing against enormous resistance professionally
738
25 Jan 2024 19:04:21
Hahah, so it’s a bit of a
chill, probs 10-20 degrees at the moment [reply to “Is it cold
there? Idk what appropriate clothing I have. Ever since I lost my laundry
I’Ve been living in bikinis and sarongs”]
739
25 Jan 2024 19:04:36
Oh it will be 20 when you
come next week [smiling emoji]
740
25 Jan 2024 19:04:40
Need clothes [laughing emoji]
741
25 Jan 2024 19:04:44
Oh great
742
25 Jan 2024 19:04:44
It’s only 10 at the moment
743
25 Jan 2024 19:04:47
13
744
25 Jan 2024 19:05:00
Is perfect hiking weather
though [reply to “Oh great”]
745
25 Jan 2024 19:05:07
Wait how able are you to
hike? Hahah
746
25 Jan 2024 19:05:16
Ummmmmm
747
25 Jan 2024 19:05:50
No worries if not
748
25 Jan 2024 19:05:56
Hmm so X broken back,
cracked metatarsal bone but I recon I’m able. But I don’t have the shoes or
clothes
749
25 Jan 2024 19:05:58
We can do the peak and the
team if you can’t walk at all
750
25 Jan 2024 19:06:12
No clearly not, I don’t
want to be carrying you down a mountain :)
751
25 Jan 2024 19:06:20
I’ll be fineeeee
752
25 Jan 2024 19:06:23
Hahaha
753
25 Jan 2024 19:06:32
Let’s see, I don’t need to
book anything so cannot play it by ear
754
25 Jan 2024 19:06:38
I want to go hiking though [reply to “No clearly not,
I don’t want y9 be carrying you down a mountain :)”]
755
25 Jan 2024 19:06:42
Would be a dream
756
25 Jan 2024 19:06:57
I wanna do some random fun dreamy shit together [laughing emoji]
757
25 Jan 2024 19:07:37
Have they got a Disney there
758
25 Jan 2024 19:08:03
Well then, let’s do it,
load me up like a camel and you can just run around!
759
25 Jan 2024 19:08:12
Oh it’s not so good
hahah smallest one in
760
25 Jan 2024 19:08:23
What dreamy stuff do you
have in mind [reply to “I wanna do some random
fun dreamy shit together [laughing emoji]”]
761
25 Jan 2024 19:09:04
Voice message [P3C(21-22)] I literally I have no idea.
I just know that for the next three days or four days, I’m gonna be on bed
rest so that I can kind of heal myself a little bit and be OK. But I’d
like to do some fun stuff, I don’t know. Excuse me sorry I never yawn on voice
(unclear), but I’m I’m having a look now.
762
25 Jan 2024 19:10:27
Voice message [P3C(23-24)] I’m. Thank you. I’m doing
the same. Like I’m in the office. Just searching different holidays while
watching. Documentary on street food. In Ho Chi Minh with the absolute dream
waiting for my dinner to arrive.
763
25 Jan 2024 19:10:46
[3 laughing emojis]
764
25 Jan 2024 19:10:53
[2 heart eyes emojis]
765
25 Jan 2024 19:11:03
What are you having for
dinnerrrr
766
25 Jan 2024 19:11:20
I’ll have my camera so can
go around and do photo walks to show you the architecture
767
25 Jan 2024 19:11:28
Like the cool photo spots
across the city
768
25 Jan 2024 19:11:39
Yessss I need to make
travel videos too
769
25 Jan 2024 19:11:46
Indian food! Butter chicken,
chicken tandoori and garlic naan [reply to “What are you
having for dinnerrrr”]
770
25 Jan 2024 19:11:48
Oh you mean Vietnam
771
25 Jan 2024 19:11:55
Nah HK for you
772
25 Jan 2024 19:11:59
I’m doing everything :)
773
25 Jan 2024 19:12:05
I mean HK, I need to
find some cute outfits
774
25 Jan 2024 19:12:21
I’ve had enough of Indian food [reply to “Indian food! Butter chicken, chicken tandoori and garlic
naan”]
775
25 Jan 2024 19:12:26
Oh let’s go to the first
speakeasy in HK
776
25 Jan 2024 19:12:35
I feel like
777
25 Jan 2024 19:12:35
It’s in a hidden location
in the old British
778
25 Jan 2024 19:12:41
Fun fun
779
25 Jan 2024 19:13:12
Voice Message [P3C(25-26)] So I feel you have. I feel
like there’s a lot of things that, you know I wanna do, like proper touristy
shit like go to like, I don’t know, like weird streets. And I’m gonna be
weird. And I’m gonna like, you know, record things and be a proper tourist
‘cause I really wanna make some good content out of it. But, I feel like I
should just leave the itinerary to you and then, like, have a look and see if
there’s anything that like I could add to it or anything like that. But I’m
gonna.
780
25 Jan 2024 19:13:12
Oh and fortunate telling is
huge here
781
25 Jan 2024 19:13:18
Will find a fun English
speak one
782
25 Jan 2024 19:13:23
Maybe some tai chi
783
25 Jan 2024 19:13:28
Voice message [P3C(27-28)] Sorry I’m so tired I
haven’t slept for ages. I’m gonna give you some. I’m gonna give you the
actual dates by tonight. I know the rough dates, but I just need to find out
some other things from my friends
784
25 Jan 2024 19:13:31
Can show you the half tea
half coffee too hahah
785
25 Jan 2024 19:13:49
You got it all
786
25 Jan 2024 19:13:51
Seeee
787
25 Jan 2024 19:14:05
Yeah please do!
788
25 Jan 2024 19:14:15
Add in anything but
otherwise I’ll take control :)
789
25 Jan 2024 19:14:25
Good yawn hahah
790
25 Jan 2024 19:14:33
I like that, you can be
captain
791
25 Jan 2024 19:14:39
I know :)
792
25 Jan 2024 19:14:41
So sleepy
793
25 Jan 2024 19:15:00
Feel free to drop off, will
blissfully arrange my life haha [reply to “So sleepy”]
794
25 Jan 2024 19:15:13
[3 laughing emojis]
795
25 Jan 2024 19:16:50
The journey is a bit ewww
796
25 Jan 2024 19:17:01
I know [laughing emoji] [reply to “The journey is a
bit ewww”]
797
25 Jan 2024 19:17:01
Can you help me look again
798
25 Jan 2024 19:17:10
Later when you finish work
if anything
799
25 Jan 2024 19:17:13
Nah, it just is, I found ok
flights but wasn’t the best
800
25 Jan 2024 19:17:18
I’ve never started de [reply to “Later when you
finish work if anything”]
801
25 Jan 2024 19:17:20
Dw*
802
25 Jan 2024 19:17:22
Hahah
803
25 Jan 2024 19:17:30
[Laughing emoji]
804
25 Jan 2024 19:27:47
Okay so any dates between
30/31st - 7/8th
805
25 Jan 2024 19:28:07
Can you be my videographer
and photographer please
806
25 Jan 2024 19:29:03
Szcelillent [reply to “Okay so any
dates between 30/31st - 7/8th”]
807
25 Jan 2024 19:29:05
Excellent
808
25 Jan 2024 19:29:07
*
809
25 Jan 2024 19:29:20
Photographer easy,
videographer may be a challenge :)
810
25 Jan 2024 19:29:23
But can learn
811
25 Jan 2024 19:39:56
Haha
812
25 Jan 2024 19:40:33
Warning. Don’t think I’m weird but I’ve got supports on
813
25 Jan 2024 19:45:32
What are supports? Hahah [reply to “Warning. Don’t
think I’m weird but I’ve got supports on”]
814
25 Jan 2024 21:25:50
Description : BOSHHH
815
25 Jan 2024 21:26:13
took no time at all and
there are a few clear spots for you to add whatever you want to do
816
25 Jan 2024 21:26:32
have given you ideas for
lunches / dinners with me but honestly flexible with anything so make any
changes you like!
817
25 Jan 2024 21:26:38
have used the videos as
much as I could :)
818
25 Jan 2024 21:29:43
Description: List
819
25 Jan 2024 21:31:24
we should also grab food at
a Dai Pai Dong
820
25 Jan 2024 21:38:29
Honourable Mentions: Afternoon tea at the
Peninsula Chin Lin nunnery Wong Tai Sin Temple Art Lane Select 18 for antiques
searching Rent a quipao live the mood
for love dream Pottinger Street Chung Chau
821
26 Jan 2024 05:02:35
Ankle supports [laughing
emoji] [reply to “What are
supports? Hahah”]
822
26 Jan 2024 05:02:43
This is like [heart eyes
emoji]
823
26 Jan 2024 05:03:23
Aww you’re amazing
824
26 Jan 2024 05:05:43
I am actually loving this,
I’m gonna need to get some cute outfits on day one. Cause right now it’s been
yeah bikinis
825
26 Jan 2024 05:12:21
I wanna go to a highhhh
rooftop bar. Also what the dress
style like in Hong Kong. Not having my normal clothes. What’s the vibe
826
26 Jan 2024 05:12:35
Day one is a mini shop
for me
827
26 Jan 2024 06:58:15
That’s a Cardinal point
828
26 Jan 2024 06:58:28
Already on the plan :)
829
26 Jan 2024 06:59:05
Tbh I’ve never seen anyone
wear them out but may be fun to go and see [reply to “I wanna go to a
highhhh rooftop bar. Also what the
dress style like in Hong Kong. Not having my normal clothes. What’s the
vibe”]
830
26 Jan 2024 07:00:14
Photo [P3B(21)] [It’s from In the Mood for
Love]
831
26 Jan 2024 07:00:24
Ideal! [reply to “Day one is a
mini shop for me”]
832
26 Jan 2024 12:08:45
But probs a good to book
flights as I’ll
be flying out to Vietnam this evening [the Defendant reacted with
a heart emoji]
833
26 Jan 2024 12:47:54
Photo [P3B(22)]
834
26 Jan 2024 13:17:42
You coming whity me other [reply to “That’s
Cardinal”]
835
26 Jan 2024 13:17:54
Book!
836
26 Jan 2024 13:18:36
Near here? Near ocean park
837
26 Jan 2024 13:18:58
You’re booking my return. Is that correct
838
26 Jan 2024 13:28:50
Yeah I am [reply to “You coming whity
me other”]
839
26 Jan 2024 13:28:55
What? [reply to “Near here? Near
ocean park”]
840
26 Jan 2024 13:29:07
Was going to book for
flights in and out, stupid to do just one [reply to “You’re booking my return. Is that correct”]
841
26 Jan 2024 13:29:40
But need your dates / times
for the flights you want
842
26 Jan 2024 13:30:23
And your passport details
for your tickets
843
26 Jan 2024 13:30:23
Okay
844
26 Jan 2024 13:30:57
30th Jan times not bothered
just a decent time
845
26 Jan 2024 13:31:06
Until 5th
846
26 Jan 2024 13:31:19
You can’t clone me can you
[2 laughing emojis]
847
26 Jan 2024 13:32:30
Okkk will look now [reply to “30th Jan times
not bothered just a decent time”]
848
26 Jan 2024 13:32:50
Clone you? No, wouldn’t know where to start :)
849
26 Jan 2024 13:34:31
From goa to Hong Kong to be
clear?
850
26 Jan 2024 13:50:11
Yesss dabolim airport
851
26 Jan 2024 13:55:18
I’d really like to get my
eyelashes done out there
852
26 Jan 2024 13:55:22
Photo [P3B(23)] [screenshot of flight
times]
853
26 Jan 2024 13:55:52
Photo [P3B(24)] [screenshot of flights
times] These are the best I think
854
26 Jan 2024 13:56:06
But you get here 31 of Jan
but leave on 30
855
26 Jan 2024 13:56:28
Do you want to get here on
30 or is the 31 fine
856
26 Jan 2024 13:56:52
Could then do leave 30 come
back on 6 as then you’ll get five days
857
26 Jan 2024 13:57:07
That’s what I was gonna say
858
26 Jan 2024 13:57:22
What dates then?
859
26 Jan 2024 13:58:00
30th - 6th makes sense
right
860
26 Jan 2024 13:58:39
Also leaving so early also
means I lose a day so defo 30th to 6th
861
26 Jan 2024 13:59:06
Yeah exactly, can do 30 - 7
as it always seems to be an early flight
862
26 Jan 2024 13:59:18
Super easy to get to the airport
at that time so the stress about it
863
26 Jan 2024 13:59:22
But if you want the days
864
26 Jan 2024 14:09:38
31st - 8th?
865
26 Jan 2024 14:01:22
No no 30th - 7th
866
26 Jan 2024 14:02:29
Photo [P3B(25)] [screenshot shot of flights
times times]
867
26 Jan 2024 14:02:35
Your winner mam
868
26 Jan 2024 14:02:41
Actually quite good flights
tbh
869
26 Jan 2024 14:04:15
If that works then plz send
a photo of your passport and I’ll book the tickets and send them to you [the Defendant reacted with
a heart emoji]
870
26 Jan 2024 14:09:50
Photo [P3B(26)] Photo of the Defendant’s
Passport
871
26 Jan 2024 14:09:41
Got [reply to Photo]
872
26 Jan 2024 14:08:44
Hot*
873
26 Jan 2024 14:09:52
Sorry couldn’t resist haha
874
26 Jan 2024 14:09:52
[3 laughing emojis]
875
26 Jan 2024 14:10:02
So flights are a yes? I
will book now if you confirm
876
26 Jan 2024 14:10:03
Wait
877
26 Jan 2024 14:10:11
IDK if I like that flight
878
26 Jan 2024 14:10:11
Knew it [laughing emoji] [reply to “Wait”]
879
26 Jan 2024 14:10:19
[3 laughing emojis]
880
26 Jan 2024 14:10:33
It’s the best one, the
others have like 25 hour transfer
881
26 Jan 2024 14:12:45
Ok ok what about this one [reply to photo]
882
26 Jan 2024 14:12:56
Or getting to HK at that
time is crazy
883
26 Jan 2024 14:13:03
lol I can’t believe this is
happening
884
26 Jan 2024 14:13:40
Well you just miss a day /
evening?
885
26 Jan 2024 14:13:58
But I could pick you up
from the airport before work if that suits you better?
886
26 Jan 2024 14:15:31
5pm - 5am or the deli The 8:55-7pm
887
26 Jan 2024 14:15:42
I just don’t wanna be at
deli when nothings open
888
26 Jan 2024 14:16:05
Photo [P3B(27)] [Screenshot of flight
times]
889
26 Jan 2024 14:16:14
I’m guessing you’re going
to be sleeping no?
890
26 Jan 2024 14:17:30
Photo [P3B(28] [Screen shot of flights
times times]
891
26 Jan 2024 14:17:54
Just pick the one you think
works better - doesn’t make too much difference to me
892
26 Jan 2024 14:22:31
The one your originally
said please x
893
26 Jan 2024 14:22:39
Hahah [reply to “The one your originally said please x “]
894
26 Jan 2024 14:22:47
The 10pm one I realised
that’s my last day at work
895
26 Jan 2024 14:22:47
Just thumbs up the one you
want
896
26 Jan 2024 14:23:02
Excellent [reply to photo]
897
26 Jan 2024 14:23:15
I’m gonna go get some
cute clothes as soon as I get there
898
26 Jan 2024 14:23:17
Will book, speak now or
forever hold your peace :)
899
26 Jan 2024 14:23:22
Cause my clothes are not
good
900
26 Jan 2024 14:23:43
There’s literally every
kind of shop here, HK is just one big mall [reply to “Cause my clothes
are not good”]
901
26 Jan 2024 14:24:36
Not too pricey
902
26 Jan 2024 14:27:22
Nah, what kind of baggage
do you need?
903
26 Jan 2024 14:27:25
Hand or hold
904
26 Jan 2024 14:27:44
It’s included dw Haha
905
26 Jan 2024 14:28:02
Email address as well plz
906
26 Jan 2024 14:29:42
[email protected]
907
26 Jan 2024 14:34:39
DONEEEE
908
26 Jan 2024 14:34:54
You should get an email
soon with
909
26 Jan 2024 14:54:10
I got one
910
26 Jan 2024 14:54:15
Haha although
911
26 Jan 2024 14:54:24
You said my last name was
my middle name but I’m sure that’s find
912
26 Jan 2024 15:00:46
I’m packing a few dinner
dresses? No bikinis
913
26 Jan 2024 15:23:21
Lovely! Yeah no bikinis [reply to “I’m packing a
few dinner dresses? No bikinis”]
914
26 Jan 2024 15:23:28
Not the weather for it
915
26 Jan 2024 15:23:40
Oh no [laughing emoji] can you change it? Sometimes they are funny
with names etc [reply to “You said my last name was my middle name but I’m sure
that’s find”]
916
26 Jan 2024 16:17:06
I’m not sure I think you
can on your side [reply to “Oh no [laughing
emoji] can you change it? Sometimes they are funny with names etc”]
917
26 Jan 2024 16:19:57
I think it’s you as that’s
who the emails have gone to
918
26 Jan 2024 16:20:07
I don’t have a login /
booking reference etc
919
26 Jan 2024 16:20:12
Okay okay
920
26 Jan 2024 16:25:05
Do you drive
921
26 Jan 2024 16:25:49
I do
922
26 Jan 2024 16:25:57
But I don’t have a car in
HK haha
923
26 Jan 2024 16:38:45
How can I reserve window
seat or isle. I have a bad back so every time I fly in that person
924
26 Jan 2024 16:39:12
I’m assuming it’s in the login [laughing emoji] not too
925
26 Jan 2024 16:39:22
I just skipped through it
the first time and didn’t state preference
926
26 Jan 2024 16:39:25
Can you help meeee pleaseee
[2 laughing emojis]
927
26 Jan 2024 16:39:29
MSKwIK
928
26 Jan 2024 16:39:38
Nope I’m off to the airport
to Ho Chi Minh
929
26 Jan 2024 16:39:42
Otherwise I would obviously
930
26 Jan 2024 16:39:46
[3 laughing emojis]
931
26 Jan 2024 16:39:49
Have a safe flight
932
26 Jan 2024 16:39:54
Omggg jet setter
933
26 Jan 2024 16:43:24
Think I’ve got to call to
change
934
26 Jan 2024 16:44:96
Haha oh no, will probs be
worth it for peace of mind though I guess
935
26 Jan 2024 16:44:09
I can’t call HK Numbers but
will girgurebit out x
936
26 Jan 2024 16:44:18
Figure
937
26 Jan 2024 16:44:24
I’m sure it will be fine
938
26 Jan 2024 16:45:91
Cool cool cool
939
26 Jan 2024 16:45:09
I am very excited for you
to come in any case!
940
26 Jan 2024 16:45:21
As am I!
941
26 Jan 2024 16:45:37
Brace myself for the
weather
942
26 Jan 2024 16:45:44
Do you have a spare jacket
943
26 Jan 2024 16:45:54
I have many jackets and
jumpers
944
26 Jan 2024 16:46:00
That I wouldn’t worry about
945
26 Jan 2024 16:46:10
great
946
26 Jan 2024 16:47:08
Do you live near here ocean
park
947
26 Jan 2024 16:51:59
Not at all [laughing emoji]
948
26 Jan 2024 16:52:02
I live in central
949
26 Jan 2024 16:53:41
Oh no
950
26 Jan 2024 16:53:53
Okay. Will I be able to get
like a taxi there
951
26 Jan 2024 16:54:02
Obviously [laughing emoji]
952
26 Jan 2024 16:54:11
HK is tiny, it’s like a 20
min taxi
953
26 Jan 2024 16:54:16
And we have Uber here [reply to “1
954
26 Jan 2024 16:54:18
Okay. Cool
955
26 Jan 2024 16:54:23
Uber bikes
956
26 Jan 2024 16:54:29
No
957
26 Jan 2024 16:54:30
Only cars
958
26 Jan 2024 16:54:37
It will be the same cost as
London hahah
959
26 Jan 2024 16:54:39
Okay
960
26 Jan 2024 16:54:43
Oh Christ
961
26 Jan 2024 16:54:52
Expensive then [kaughing
emoji]
962
26 Jan 2024 16:56:48
Maybe Thursday I will meet
my friend in the day? You’ll be working am I right?
963
26 Jan 2024 16:57:03
Yeah sure, I’ll be working
yeah [reply to “Maybe Thursday I
will meet my friend in the day? You’ll be working am I right?”]
964
26 Jan 2024 16:57:11
Will be around in the
evening though
965
26 Jan 2024 16:57:26
There are also buses all
along HK, it has really good public transport
966
26 Jan 2024 16:57:32
No I really can’t break my
bank too much. So if I just walk around I don’t mind. But I can’t take the
piss as it was always in my itinerary but I’m VERYYY excited
967
26 Jan 2024 16:57:41
Like super excited
968
26 Jan 2024 16:57:50
I gave my mum your address
and number just in case
969
26 Jan 2024 16:58:23
Of course that’s fine!
970
26 Jan 2024 16:58:37
YAAAAAY
971
26 Jan 2024 16:58:56
It’s a chaotic bonus of a
trip, love it
972
26 Jan 2024 16:59:45
What kind of clothes do I
need. Like jeans and things
973
26 Jan 2024 17:00:29
Yeah, as I ally think
of London
974
26 Jan 2024 17:00:33
But in the summer
975
26 Jan 2024 17:00:40
lol okay
976
26 Jan 2024 17:00:46
Some hiking clothes if you wanna
hike but I also have stuff you could use
977
26 Jan 2024 17:00:56
I will use your things x
978
26 Jan 2024 17:00:59
But it’s very similar to
London vibes
979
26 Jan 2024 17:01:05
Remember I don’t have
Monopoly money just yet
980
26 Jan 2024 17:01:22
Built up, identical stores
and super developed haha
981
26 Jan 2024 19:53:39
I’m very excited still
[laughing emoji]
982
26 Jan 2024 19:55:29
I’ll give you instructions
for how to get to my work (closest) then I can walk you to my flat, drop your
bag there, give you my key and see you later that evening
983
28 Jan 2024 19:29:32
Landed back from HCM, were
you able to change the name on the tickets?
984
28 Jan 2024 19:55:15
Heyyy
985
28 Jan 2024 19:55:17
No I wasn’t
986
28 Jan 2024 19:55:23
I had to call them … :(
987
28 Jan 2024 19:55:43
Okkk
988
28 Jan 2024 19:55:55
Give me the number and
details and I can look into it tomorrow
989
28 Jan 2024 19:56:15
Okay I’m at dinner at the
moment but I will send after
990
28 Jan 2024 19:56:28
Yeah no rush obviously haha
991
28 Jan 2024 23:51:25
Photo [P3B(29)]
992
28 Jan 2024 23:51:26
Photo [P3B(30)]
993
29 Jan 2024 11:02:30
Yeah I need the link to
whoever I booked the tickets [laughing emoji]
994
29 Jan 2024 11:02:48
Can you just forward the
email to [X’s email]
995
29 Jan 2024 11:03:15
Alternatively, you could
arrive at the airport a bit earlier and if there’s an issues which you
need to pay to change the name then I can wire you the money
996
29 Jan 2024 15:21:08
Okay that’s fine
997
29 Jan 2024 15:21:31
Hah excellent - merci!
998
29 Jan 2024 15:21:43
I don’t know how to change
it
999
29 Jan 2024 15:42:34
I think it might be
problematic
1000
29 Jan 2024 15:43:09
Forward me the email and I’ll
call
1001
29 Jan 2024 15:49:30
Sorry okay
1002
29 Jan 2024 15:50:08
Loving your email [reply to “Can you just
forward the email to [X’s email]”]
1003
29 Jan 2024 15:50:28
Can you ask them to reserve
the window seats please. I don’t mind paying the extra but back issues
1004
29 Jan 2024 16:11:29
I’ve got through and can’t
change the name with the provider, but I may be able to with the airline
directly so will call them next
1005
29 Jan 2024 16:11:50
Okay I’m so sorry
1006
29 Jan 2024 16:17:31
All chilled though as I
checked and can book another single ticket for the same outward journey
1007
29 Jan 2024 16:17:48
So may get bored of being
on calls and just boom you identical tickets [laughing emoji]
1008
29 Jan 2024 16:18:40
Plz take a less blurry
photo if you ever send a photo of your passport to someone next time [3
laughing emojis]
1009
29 Jan 2024 16:18:41
But then what about the
refund on the other tickets
1010
29 Jan 2024 16:18:46
Sunk cost [reply to “But then what about the refund on the other tickets”]
1011
29 Jan 2024 16:19:07
Ahhh I thought you’d see my
last name. I’m sorry
1012
29 Jan 2024 16:19:28
It’s Isabel Rose [emoji]
1013
29 Jan 2024 16:19:30
I know it’s my fault. I
just couldn’t read the little text
1014
29 Jan 2024 16:19:38
It’s even what your saved
as in my phone
1015
29 Jan 2024 16:20:02
I just thought rose was
like a chosen name rather than your actual name / not really
1016
29 Jan 2024 16:22:08
[2 laughing emojis]
1017
29 Jan 2024 16:22:27
Ahh no no don’t book
another ticket that money can be used somewhere else
1018
29 Jan 2024 16:24:59
Don’t be silly [laughing
emoji] [reply to “Ahh no no don’t
book another ticket that money can be used somewhere else”]
1019
29 Jan 2024 16:25:19
My mistake. I checked flights, there still seats so nothing is
changing for you
1020
29 Jan 2024 16:25:28
Will let you know how it
gets resolved once it’s resolved
1021
29 Jan 2024 16:25:45
Okay I want to get that
flight 100%
1022
29 Jan 2024 16:26:00
Yeah I know that’S what I
checked and that’s possible
1023
29 Jan 2024 16:31:09
Hi [X’s name], Following our telephone
conversation, it appears that the line got disconnected and we could not
finalize your request. We then tried to reach you at the telephone number +44
7496 915654 [the Defendant’s telephone number] but were not able to get in
touch with you. In case you still require
our support, please contact us again and our team will be happy to assist
you. Kind regards, Mytrip Please note that T
1024
29 Jan 2024 16:31:03
I’m sorry
1025
29 Jan 2024 16:33:25
Ah ffs
1026
29 Jan 2024 16:33:52
Thank you, plz forward
anything you get via email still
1027
29 Jan 2024 17:05:20
Think I’m getting there,
just be in your emails and forward me anything that you get just in case they
do two factor authentication
1028
29 Jan 2024 17:07:13
Okkk
1029
29 Jan 2024 17:20:26
Hong Kong really is
expensive
1030
29 Jan 2024 17:21:52
Haha yeah of course
1031
29 Jan 2024 17:21:57
Same as London, or ny
1032
29 Jan 2024 17:22:02
No, no it’s more
1033
29 Jan 2024 17:22:09
Eyelashes and nails were
like £100!
1034
29 Jan 2024 17:22:28
Getting very close to
booking you fresh tickets as they said I can’t change the name in the
1035
29 Jan 2024 17:23:04
No way
1036
29 Jan 2024 17:23:21
Surely they can change the
one for the way back at least?
1037
29 Jan 2024 17:29:43
Nope
1038
29 Jan 2024 17:30:19
It’s like a budget airline
so I will book you on the same flight with the correct info
1039
29 Jan 2024 17:30:30
Both window seats
1040
29 Jan 2024 17:30:38
Then refund the existing
tickets
1041
29 Jan 2024 17:39:51
No I feel bad. I feel like
they should give you a refund. Cause it’s possible
1042
29 Jan 2024 17:30:53
Okay makes sense
1043
29 Jan 2024 17:31:39
I’ll do it in that order so
you know your flights aren’t changing haha
1044
29 Jan 2024 17:32:00
Thank you. I just wanna get
on the same flight
1045
29 Jan 2024 17:32:02
And there are still tickets
for exactly the same flight
1046
29 Jan 2024 17:32:05
Same times etc
1047
29 Jan 2024 17:32:08
Okay
1048
29 Jan 2024 17:32:10
I’m so sorry
1049
29 Jan 2024 17:33:17
I feel baddd
1050
29 Jan 2024 17:48:42
Photo [P3B(31)]
1051
29 Jan 2024 17:49:06
So same out going and
incoming flights but slightly different arrival times
1052
29 Jan 2024 17:49:22
Only on the way back
1053
29 Jan 2024 17:49:29
Can you confirm this works
for you?
1054
29 Jan 2024 17:50:16
Yesss that’s fine
1055
29 Jan 2024 17:50:27
Good good
1056
29 Jan 2024 18:00:51
Second time’s the charm
1057
29 Jan 2024 18:01:12
I also got you window seats
wherever possible, one flight it wasn’t possible but the other three have it
1058
29 Jan 2024 18:03:57
Thank you so much
1059
29 Jan 2024 18:04:31
For the love of god don’t
miss the flight [laughing emoji]
1060
29 Jan 2024 18:04:42
Don’t worry
1061
29 Jan 2024 18:04:48
That’s something I don’t
really do
1062
29 Jan 2024 18:05:02
I’m flying to Deli with a
few friends too that’s nice
1063
29 Jan 2024 18:05:40
Are there like decent
priced clothes shops out there? [reverse laughing emoji]
1064
29 Jan 2024 18:12;52
Absolutely not [reply to “Are there like
decent priced clothes shops out there? [reverse laughing emoji]”]
1065
29 Jan 2024 18:13:25
I mean you’d need to find
them, but you’re not going to find thrift shops / market stalls type stuff, at
least not in central
1066
29 Jan 2024 18:13:59
Okay
1067
29 Jan 2024 18:14:03
I’m thinking clothes
1068
29 Jan 2024 18:14:37
I mean by all means Google and try to find some but I wouldn’t really know
1069
29 Jan 2024 18:14:54
There isn’t really any e
commerce here either, people just go to shops
1070
29 Jan 2024 18:15:38
But the average salary here
is like £45k a year so it’s waaaay more developed than the rest of Asia, very
similar to Singapore
1071
29 Jan 2024 18:16:46
Yeah I understand
1072
29 Jan 2024 18:16:46
Yeah I can’t pack stupidly
1073
29 Jan 2024 18:16:55
lol
1074
29 Jan 2024 18:17:09
Warm clothes
1075
29 Jan 2024 18:17:05
It’s gonna be cold
1076
29 Jan 2024 18:17:24
Photo [P3B(32)] [weather forecast]
1077
29 Jan 2024 18:17:33
Not too cold tbh
1078
29 Jan 2024 18:17:54
Photo [P3B(33)] [weather forecast of the
Defendant’s location]
1079
29 Jan 2024 18:18:30
Hahah
1080
29 Jan 2024 18:18:50
Haha
1081
29 Jan 2024 18:18:54
So you can imagine
1082
29 Jan 2024 18:18:55
You’ll have to accept being
warmed by the sunny disposition
1083
29 Jan 2024 18:29:54
And borrowing some of your
clothes half looking not my bestttttt
1084
29 Jan 2024 18:30:09
Hhaha of course
1085
29 Jan 2024 18:30:21
I can’t wait for the food
1086
29 Jan 2024 18:30:44
I have a mild night time
cough I’m warning you. Not ill but that was another reason I was maybe gonna
accom
1087
29 Jan 2024 18:30:46
Oh I had something so good
for lunch! [reply to “I can’t wait for
the food”]
1088
29 Jan 2024 18:30:55
I have lemsip [reply to “I have a mild
night time cough I’m warning you. Not ill but that was another reason I was
maybe gonna accom”]
1089
29 Jan 2024 18:31:00
All fine!
1090
29 Jan 2024 18:31:59
Photo [P3B(34)]
1091
29 Jan 2024 18:31:59
Photo [P3B(35)]
1092
29 Jan 2024 18:32:07
We’re going cto get this.
It’s life changing
1093
29 Jan 2024 18:38:23
Oh my goodness
1094
29 Jan 2024 18:38:25
I can’t wait
1095
29 Jan 2024 18:39:26
Can I have your address and
passport pic pls
1096
29 Jan 2024 18:39:29
[laughing emoji]
1097
29 Jan 2024 18:39:51
Hahah why my passport pic
[laughing emoji] [reply to “Can I have your
address and passport pic pls”]
1098
29 Jan 2024 18:40:05
This so that your mum knows
what to hand into the police if anything goes wrong [4 laughing emojis]
1099
29 Jan 2024 18:40:38
Address is [X’s address]
1100
29 Jan 2024 18:40:47
No zip code, just put 000
if you need to enter it
1101
29 Jan 2024 18:41:07
Photo [P3B(36)] X’s passport photo
1102
29 Jan 2024 18:42:42
Photo [P3B(37)] Description: and for
instructions of where to go, go through security / baggage claim / nothing to
declare. Flow signs to “transport to city” there will be a train symbol
1103
29 Jan 2024 18:42:42
Photo [P3B(38)]
1104
29 Jan 2024 18:42:43
Photo [P3B(39)]
1105
29 Jan 2024 18:42:43
Photo [P3B(40)]
1106
29 Jan 2024 18:46:48
Ok I will type instructions
when I get home, I can’t get WiFi in the office for some reason
1107
29 Jan 2024 19:20:24
Okay cool wow your amazing,
would you advice me to get a SIM card at the airport?
1108
29 Jan 2024 19:20:55
Yesss literally [reply to “This so that
your mum knows what to hand into the police if anything goes wrong [4
laughing emojis]”]
1109
29 Jan 2024 20:31:09
Again, I don’t really know
as I use an e sim, I use Maya Mobile e sim which I would recommend https:\\maya.net/esim
1110
29 Jan 2024 20:31:22
Knew it, hence instantly
sent it to you hahah [reply to “Yesss
literally”]
1111
29 Jan 2024 20:33:35
So now the instructions haha
1112
29 Jan 2024 20:39:33
Description: Arriving by
Air URL: https:\\www.octopus.com.hk/en/consumer/tourist/channels/air/index.html You go through boarder
control, pick up your baggage and then do through nothing to declare. Then
you’ll go into the main arrival hall. Follow the signs that say “to the city”
with an icon of a train. Then You’ll see before the entrance to the train
which takes you to Hong Kong Station there is the MTR ticket stand. There are ATMs
in the arrivals hall, pick up 500/1,000 HKD(50/100 GBP). Then go to the MTR
ticket counter (photo above), and get an Octopus Card. This will be 200 HKD and
have 150 HKD of credit on it (the one way Journey in the train will be 110 HKD https:\\www.octopus.com.hk/en/consumer/tourist/channels/index.html). Then go through to the train platform, there will
be no barriers as they are on the other side when you arrive in Hong Kong
Station. Train is about 30 mins and completely idiot proof, there’s even a
progress tracker inside the carriage so no chance of going to the wrong way.
Get off at the end of the line at Hong Kong Station. You tap the Octopus card
to go through the turnstyles. Then you’ll see the lift (photographed above)
take this up as far as it will go (one goes up and one goes down so get on the correct one) then you’ll end
1113
29 Jan 2024 21:24:08
and also feel free to
change the itinerary for what you want to do and let me know, especially
regarding the orde etc. I can then see if it works logistically!
1114
30 Jan 2024 01:58:28
Your so sweet by the way
1115
30 Jan 2024 02:01:21
I love the itinerary. I
will roll with whatever, I like this holiday being planned and feeling
accommodated. I’m so glad I’m coming and thank you! I can’t wait
1116
30 Jan 2024 18:29:51
Of course, I’m excited to
spend some time with you!
1117
30 Jan 2024 21:30:55
On the way to airport darlinggg
1118
31 Jan 2024 01:18:06
Ahhh lovely! Safe flight(s)
;)
1119
31 Jan 2024 07:24:59
Hope your not nervous aha
1120
31 Jan 2024 07:40:00
Haha nope not at all hahah
1121
31 Jan 2024 07:40:27
Haha I am
1122
31 Jan 2024 07:40:32
I look awful
1123
31 Jan 2024 07:40:40
Don’t have time to do my
lashes or nails
1124
31 Jan 2024 08:27:50
Haha, no problem
obviouslyyy (smiling emoji]
17. On 17 January 2024, the Defendant stated that she would “love a husband” like X [P3A(487)]. X was happy when he saw the message because to him, it confirmed the romantic component of their relationship. He also felt that the Defendant appreciated that he was going out of his way to make her happy and comfortable. In 26 January 2024, X booked the air tickets for the Defendant [P3A(870), P3B(26)]. The cost was about HK$4,000 to 5,000. However, X was mistaken about the Defendant’s name. The Defendant’s name on the ticket had to be changed for her to board the flight. Initially, X asked the Defendant to amend her name on the ticket. However, that would require the Defendant to call the provider in Hong Kong and she was unable to do so. In the end, X called the provider and had to cancel the original tickets for a minimum refund and purchase another set of tickets for the Defendant on the same flight. The cost of the second set of air tickets was approximately the same as the first set of tickets.
18. The Defendant arrived in Hong Kong in the afternoon of 31 January 2024 and X met up with her in Central. They had the following WhatsApp exchange prior to the meeting.
Index
Date and Time
X
The Defendant
1125
31 Jan 2024 12:43:04
Well I’m in HK
1126
31 Jan 2024 12:43:23
YAAAAAAAY
1127
31 Jan 2024 12:43:47
follow my instruction and
let me know when you’re at Pret A Manger
1128
31 Jan 2024 12:43:50
[Heart emoji]
1129
31 Jan 2024 12:43:58
Okay I’m gonna buy a sim
here
1130
31 Jan 2024 12:45:10
Good idea! [reply to “Okay I’m gonna
buy a sim here”]
1131
31 Jan 2024 13:21:39
Wow
1132
31 Jan 2024 13:24:55
Should I get the full
500 on this card
1133
31 Jan 2024 13:25:06
Nah defo not
1134
31 Jan 2024 13:25:16
Just the 200 to get the
card is fine
1135
31 Jan 2024 13:25:23
We can always top up later.
It’s very easy
1136
31 Jan 2024 13:25:53
So just put 209 on
1137
31 Jan 2024 13:25:39
Or 350
1138
31 Jan 2024 13:25:48
Yeah, just say you want an
octopus card
1139
31 Jan 2024 13:25:52
That should be 200
1140
31 Jan 2024 13:26:02
50 deposit and then 150 of
credit
1141
31 Jan 2024 13:26:13
That will cover your
journey in then you can top it up later on
1142
31 Jan 2024 13:26:18
Travel here is actually
quite cheap
1143
31 Jan 2024 13:26:54
Like 3.5 - 15 HKD per
journey
1144
31 Jan 2024 13:26:50
Depending on length
1145
31 Jan 2024 13:27:34
This is mad
1146
31 Jan 2024 13:27:50
Haha what?
1147
31 Jan 2024 13:28:15
Like the fact that I’m in
HK
1148
31 Jan 2024 13:28:20
Hahaha
1149
31 Jan 2024 13:28:23
Love it
1150
31 Jan 2024 13:28:26
IM SO hungry though
1151
31 Jan 2024 13:29:16
Let’s ditch your bag and U
can show you some cheap restaurants while I head back to the
1152
31 Jan 2024 13:42:01
No no it’s okay go to the
office I don’t wanna mess your day
1153
31 Jan 2024 13:42:14
Im doing literally nothing
1154
31 Jan 2024 13:42:23
I’ve read a book and now
I’m reading an Frank’s diary hahah
1155
31 Jan 2024 13:42:24
[3 laughing emojis]
1156
31 Jan 2024 13:42:37
Just let me know when
you’re downstairs and I’ll come down
1157
31 Jan 2024 13:42:52
Your instructions have been
top tier
1158
31 Jan 2024 13:42:58
Hahahah
1159
31 Jan 2024 13:43:01
I look like absolute shit
1160
31 Jan 2024 13:43:08
Beautiful :) [Reply to “I look like
absolute shit”]
1161
31 Jan 2024 13:43:19
Like I need to get things
lip gloss
1162
31 Jan 2024 13:43:43
Haha at least dump your bag
at mine first hahah
1163
31 Jan 2024 13:43:47
No point lugging that
around
1164
31 Jan 2024 13:45:45
True
1165
31 Jan 2024 13:46:54
Where abouts are you at currently?
1166
31 Jan 2024 13:47:38
I’m on the train
1167
31 Jan 2024 13:47:56
Oh enjoying the lovely train
haha
1168
31 Jan 2024 13:47:57
Nice
1169
31 Jan 2024 13:48:19
I feel so excited [laughing
emoji]
1170
31 Jan 2024 13:48:48
I feel the need to pop to
Disney. Do they have a theme park here
1171
31 Jan 2024 13:52:44
You should! Haha
1172
31 Jan 2024 13:52:52
Honestly have no idea hahah [Reply to “I feel the need
to pop to Disney. Do they have a theme park here”
1173
31 Jan 2024 13:53:42
WE should do it
1174
31 Jan 2024 13:53:53
Nah :) hahah
1175
31 Jan 2024 13:53:58
Whyyy
1176
31 Jan 2024 13:54:14
What about a theme park
1177
31 Jan 2024 13:54:15
I only have two days free
and there are more fun things to do in HK [laughing emoji]
1178
31 Jan 2024 13:54:24
[laughing emoji]
1179
31 Jan 2024 13:54:25
Okay
1180
31 Jan 2024 13:54:28
There isn’t one I don’t
think, only ocean park [reply to “What about a
theme park”
1181
31 Jan 2024 13:54:30
And evenings
1182
31 Jan 2024 13:54:35
And evenings
1183
31 Jan 2024 13:54:37
With em
1184
31 Jan 2024 13:56:12
I’m really glad I’m here
1185
31 Jan 2024 13:58:59
Haha good, me too
1186
31 Jan 2024 13:59:13
Shoukd have come for your
visa run :) although flights would have been more expensive haha
1187
31 Jan 2024 13:59:32
It’s true but you have
accommodated me and treated me
1188
31 Jan 2024 13:59:49
Not sure what you want
innreturn but we shall cross that bridge when we get it it
1189
31 Jan 2024 14:01:37
[4 laughing emojis] nothing [reply to “Nit sure what you want
innreturn but we shall cross that bridge when we get it it”
1190
31 Jan 2024 14:01:48
[laughing emoji]
1191
31 Jan 2024 14:01:52
This isn’t a quid pro
quo
1192
31 Jan 2024 14:02:02
[laughing emoji]
1193
31 Jan 2024 14:02:03
I’m excited to show you
around HK!
1194
31 Jan 2024 14:02:09
I’m excited!
1195
31 Jan 2024 14:02:35
And in the position of
having Monopoly money so that’s fun :)
1196
31 Jan 2024 14:03:03
that’s fair enough
1197
31 Jan 2024 14:03:08
Next stop is Hong Kong
1198
31 Jan 2024 14:03:16
Although I thought I was
here already
1199
31 Jan 2024 14:03:19
Ideeeeeal
1200
31 Jan 2024 14:03:19
[laughing emoji]
1201
31 Jan 2024 14:03:40
I’m a bit chilly. I didn’t
bring a jacket. I didn’t have one
1202
31 Jan 2024 14:03:55
Haha another reason to go
straight home so you can raid my clothes
1203
31 Jan 2024 14:04:12
You have WiFi right
1204
31 Jan 2024 14:04:22
You can also shower /
freshen up etc. I can show you lunch places in the way up
1205
31 Jan 2024 14:04:24
I have one last meeting
today
1206
31 Jan 2024 14:04:27
Obviously [laughing emoji]
1207
31 Jan 2024 14:04:31
I think I need to eat first
1208
31 Jan 2024 14:04:38
Is that disgusting
1209
31 Jan 2024 14:04:41
Hahah
1210
31 Jan 2024 14:04:43
I’m dying on hunger
1211
31 Jan 2024 14:04:59
Show me your flat then food
then go to work then I might go back and shower
1212
31 Jan 2024 14:05:10
I don’t look the part right
now but I’m really hungry and kind of tired
1213
31 Jan 2024 14:05:11
Oh sure, that works [reply to “Show me your
flat then food then go to work then I might go back and shower”]
1214
31 Jan 2024 14:05:17
Yeah I thought so [reply to “I don’t look the
part right now but I’m really hungry and kind of tired”]
1215
31 Jan 2024 14:05:34
It’s so bad, I just wanna
watch a movie and sleep and eat lol
1216
31 Jan 2024 14:05:46
I mean I have some frozen
dim sum that I can steam for you
1217
31 Jan 2024 14:05:52
It’s very good tbh
1218
31 Jan 2024 14:06:03
Unless you’re dying to go
out obviously
1219
31 Jan 2024 14:06:07
All easy breezy
1220
31 Jan 2024 14:06:33
Voice message [P3C(29-30)] I don’t know how well you
can hand me through these headphones. But in all fairness, as long as you
don’t think it’s like disgusted (unclear) now. I’ll just go drop my bag or
grab some food and then go back shower and I probably gonna watch a movie
until you finish work, if that’s OK.
1221
31 Jan 2024 14:07:45
Yeah of course
1222
31 Jan 2024 14:07:54
That’s all makes sense
1223
31 Jan 2024 14:09:35
Can’t remember what I said
1224
31 Jan 2024 14:10:19
Hahah
1225
31 Jan 2024 14:10:22
Same thing you texted
1226
31 Jan 2024 14:10:44
Photo [P3B(41)]
1227
31 Jan 2024 14:10:56
Exactly
1228
31 Jan 2024 14:16:29
Guess whattt!
1229
31 Jan 2024 14:16:39
Yes
1230
31 Jan 2024 14:17:24
I look like such a tramp.
But I think I’m at
1231
31 Jan 2024 14:17:55
Lovely coming over Moab
1232
31 Jan 2024 14:17:57
*Now
19. After meeting up in Central, X showed the Defendant to his flat and gave her a key so that the Defendant could shower and freshen up after the flight. X went back to work once the Defendant had everything she needed. During this period, X and the Defendant had the following WhatsApp exchanges:
Index
Date and Time
X
The Defendant
1233
31 Jan 2024 15:13:47
Flat 11/J for reference
1234
31 Jan 2024 15:17:39
So plan: you eat, shower, sleep, I’ll be home at a bit past 7 I will
shower and change and then we can head to happy valley for a fun evening at
around 8 or so
1235
31 Jan 2024 15:22:51
Forgot my passport
1236
31 Jan 2024 15:23:02
Oh don’t worry
1237
31 Jan 2024 15:23:12
I was never stopped, you’ll
be fine
1238
31 Jan 2024 15:23:13
[laughing emoji]
1239
31 Jan 2024 15:34:33
Do people wear dresses to
happy valley
1240
31 Jan 2024 15:35:20
Photo [P3B(42)]
1241
31 Jan 2024 15:35:32
It’s pretty chilled, this
is sort of the vibe
1242
31 Jan 2024 15:35:53
Haha okay
1243
31 Jan 2024 15:35:57
Defo need a small shop
1244
31 Jan 2024 15:36:03
Hahah
1245
31 Jan 2024 15:36:18
I’ve just got such weird
shit
1246
31 Jan 2024 15:36:21
Hahah
1247
31 Jan 2024 15:36:22
That food was amazing
1248
31 Jan 2024 15:36:27
I wanna look cute
1249
31 Jan 2024 15:36:28
I know rightttt! And so
cheap [reply to “That food was
amazing”]
1250
31 Jan 2024 15:36:37
Ahah I was going to say
just look cute :) [reply to “I wanna look
cute”]
1251
31 Jan 2024 15:36:53
But please remember to
sleep [laughing emoji] feel like that is way more important for you than
looking
1252
31 Jan 2024 15:37:24
Can’t even remember what
I’ve lacked!
1253
31 Jan 2024 15:38:58
Omg
1254
31 Jan 2024 15:39:01
People
1255
31 Jan 2024 15:39:56
Well some girls just asked to take
pictures with me
1256
31 Jan 2024 15:40:01
Oh fuck
1257
31 Jan 2024 15:40:03
I need to look nice [fire emoji]
1258
31 Jan 2024 15:40:12
Yeah you’ll get a lot of
Mainland Chinese who have no idea what’s going on
1259
31 Jan 2024 15:40:31
I’ll tell you my queuing
story which is crazy but a few cultural differences for sureeee
1260
31 Jan 2024 15:40:32
They were sooo cute
1261
31 Jan 2024 15:40:35
Hahahah [reply to “They were sooo
cute”]
1262
31 Jan 2024 15:40:37
All good then
1263
31 Jan 2024 15:40:59
Photo [P3B(43)]
1264
31 Jan 2024 15:40:52
Photo [P3B(44)]
1265
31 Jan 2024 15:40:57
Said she liked my fashion
1266
31 Jan 2024 15:40:59
[3 laughing emojis]
1267
31 Jan 2024 15:41:10
Hahaha
1268
31 Jan 2024 15:41:15
Incredible
1269
31 Jan 2024 15:48:13
Found a nail shop will
maybe go tomorrow
1270
31 Jan 2024 15:48:28
200 is £20 right
1271
31 Jan 2024 15:48:34
Yeah
1272
31 Jan 2024 15:48:36
Super easy
1273
31 Jan 2024 15:48:39
You divide by 10
1274
31 Jan 2024 15:51:45
But sleep sleep sleep haha
1275
31 Jan 2024 15:52:06
I know I know I know
1276
31 Jan 2024 15:52:53
About to shower then
1277
31 Jan 2024 15:52:55
Nap nap bap
1278
31 Jan 2024 15:57:31
Good good good hahaha
1279
31 Jan 2024 15:57:58
You still happy I came
here?
1280
31 Jan 2024 15:59:27
Very much so!
1281
31 Jan 2024 15:59:35
I have someone to go to
Happy Valley with
1282
31 Jan 2024 16:02:16
Okay good
1283
31 Jan 2024 16:02:18
Just making sure
1284
31 Jan 2024 16:03:38
Haha
1285
31 Jan 2024 16:03:43
Sleep easy :)
1286
31 Jan 2024 16:04:36
Currently amazed by your
shower
1287
31 Jan 2024 16:05:10
Oh it’s so good right!
1288
31 Jan 2024 16:05:27
I just live in a life of
luxury and it’s fantastic
1289
31 Jan 2024 16:15:46
Thanks for giving it to me for the
week
1290
31 Jan 2024 16:21:18
I’ll be honest
1291
31 Jan 2024 16:21:24
I’m looking at all your
skin care products
1292
31 Jan 2024 16:21:26
Like WOW
1293
31 Jan 2024 16:21:32
Hahahah
1294
31 Jan 2024 16:21:33
Enjoy
1295
31 Jan 2024 16:21:37
Use anything you like
1296
31 Jan 2024 16:21:52
I have another set of toner
and face wash as well so not going to run out of anything
1297
31 Jan 2024 16:22:27
Voice message [P3C(31-32)] Yeah, I’m just so even like
I’m using it. I am literally just. I just. I opened your cupboard to see if
you had cotton wool and then I’ve just gone inside a whole new world and I’m like. Wow, I find this so amusing. You have. I have no
skin care routine whatsoever, so like seeing this. I’m just like this is
crazy.
1298
31 Jan 2024 16:23:20
I can show you the routine
for the week and you can see if you like it
1299
31 Jan 2024 16:23:31
Yeah please do
1300
31 Jan 2024 16:23:31
I don’t really have cotton
wool pads or anything haha
1301
31 Jan 2024 16:29:40
It’s okay
1302
31 Jan 2024 16:32:03
I have a really nice
dress that if we ever go to dinner I want to wear it
1303
31 Jan 2024 16:32:22
Oh yeah, let’s defo get you
in that at some point!
1304
31 Jan 2024 16:42:14
You don’t own a lighter
right
1305
31 Jan 2024 16:42:24
Correct
1306
31 Jan 2024 16:42:29
Super market downstairs is
your best bet
1307
31 Jan 2024 16:42:33
Oh no I do!
1308
31 Jan 2024 16:42:47
If you open the cupboard
above the tv you’ll see a yellow cigar lighters
1309
31 Jan 2024 16:42:51
[eyes emoji]
1310
31 Jan 2024 16:44:04
Amazing. Just to make this
clear. I’ve showered but I’m wearing my same tracksuit cause it’s all I have
comfort wise
1311
31 Jan 2024 16:45:01
[3laughing emojis] not the
kind of “what are you wearing” answer I love but ok :) hahaha [reply to “Amazing. Just yo
make this clear. I’ve showered but I’m wearing my same tracksuit cause it’s
all I have comfort wise”]
1312
31 Jan 2024 16:45:18
[2 laughing emojis]
1313
31 Jan 2024 16:45:25
There’s an ashtray outside
also
1314
31 Jan 2024 16:46:22
Thank you love
1315
31 Jan 2024 17:01:31
Let me know when your on
your way back
1316
31 Jan 2024 17:01:39
Sure sure
1317
31 Jan 2024 17:01:45
Will be a couple of hours
or so
1318
31 Jan 2024 17:01:54
Okay sweet
1319
31 Jan 2024 17:02:06
Can I read my book in your
bedddd
1320
31 Jan 2024 17:02:24
Also if I fall asleep. MAKE
SSURE I get up for happy valley
1321
31 Jan 2024 17:02:38
Yeah of course [laughing
emoji] [reply to “Can I read my
book in your bedddd”]
1322
31 Jan 2024 17:03:06
Yeah will do, you can just
do your own thing and I’ll wake you up if I’m back and you’re still asleep [reply to “Also if I fall
asleep. MAKE SSURE I get up for happy valley”]
1323
31 Jan 2024 18:54:29
Coming home now
1324
31 Jan 2024 18:54:42
Going to pick up the lunch
you had for myself on my way home for dinner [laughing emoji]
20. X went back to his flat after he finished work and took her to the races in Happy Valley. X told the Defendant about the races prior to her arrival and both the Defendant and X were very excited to go. X paid for the Uber ride to Happy Valley. They chatted to each other, got to know each other better to grow their romantic connection. At the races, X and the Defendant each had 3 beers and food, which were also paid for by X. After the races, X and the Defendant took an Uber to X’s flat. The Defendant stated that she was still hungry, so X bought the Defendant some McDonalds on the way home.
21. X agreed that he paid for many things for the Defendant. He explained that it was a way to show affection. Further, from his previous conversations with the Defendant, it was clear that he and the Defendant were in extremely different budgets. It was not a big thing for X to pay for the Defendant.
22. According to the CCTV of the building, X and the Defendant arrived back at X’s flat at around 2355. They watched television as they ate together. The Defendant smoked a cigarette in the balcony. The Defendant asked X which side of the bed he preferred. X thought that the Defendant was happy to share a bed with him. They then both got into bed.
23. X and the Defendant continued to chat in bed. They then started to kiss passionately and caress each other’s bodies. The Defendant took off her top. X was kissing her neck and back. As he was kissing her back, the Defendant said “Bite me”. X thought that this was an unusual address. He asked the Defendant whether he had misheard her and asked her to repeat what she said. The Defendant repeated “Bite me”. Although X was not into pain, he complied with the Defendant’s request. He bit the Defendant’s back and shoulder area. Then he continued to kiss along the Defendant’s body and removed her pants. The Defendant said that she had not shaved but X said he did not mind. The Defendant helped X to take off her pants and X performed oral sex on her.
24. After X performed oral sex on the Defendant, he asked if she would also perform oral sex on him. The Defendant refused and explained that she did not like to do that. X undressed and went to get a condom. Because the Defendant said that she did not want to have sex. X explained that he enjoyed giving pleasure to others and was happy to take things slowly with the Defendant. He took off the condom and got dressed again. X and the Defendant then spoke intimately about past relationships and general intimate topics before falling asleep. There was no vaginal or anal sex between X and the Defendant.
25. On 2 January 2024, X woke up in the morning to go to work. The Defendant was woken up by X’s alarm clock but stayed in bed. They said “good morning” to each other. The Defendant then told X that she had a bad cough and had woken up in the middle of the night to drink a glass of water. X explained that he had heard the Defendant coughing in the night but had fallen asleep thereafter. According to the CCTV, X left the building at about 9:17 am that day. Whilst X was at work, X and the Defendant had the following WhatsApp exchanges:
Index
Date and Time
X
The Defendant
1325
1 Feb 2024 12:03:41
Hello! Hope you’re having a
good morning
1326
1 Feb 2024 12:03:59
I’ve actually got quite a
lot of work to clear today so going to stay late in the office to get it all
done
1327
1 Feb 2024 12:04:19
Why don’t you grab dinner
with your friend this evening if that works for you?
1328
1 Feb 2024 12:49:36
Sounds good to me
1329
1 Feb 2024 12:49:51
I needed to catch up on
sleep after last night
1330
1 Feb 2024 12:50:02
So literally just been
chilling
1331
1 Feb 2024 12:50:05
Haha excellent, I mean
sleep all day if you like
1332
1 Feb 2024 12:50:11
I hope you don’t mind
1333
1 Feb 2024 12:50:29
I’ll grab lunch with
colleagues and then dinner in the office
1334
1 Feb 2024 12:50:33
Can you send the name of
the place pls
1335
1 Feb 2024 12:50:42
I need to top my card up
1336
1 Feb 2024 12:50:46
No no, of course not, works
well for me and allows me to get my head down and clear stuff for later
1337
1 Feb 2024 12:51:02
I saved it in your phone
under your HONG KONG saved list [reply to “Can you send the
name of the place pls”]
1338
1 Feb 2024 12:51:13
Thank you
1339
1 Feb 2024 12:51:33
Yeah that’s fine, just go
with cash to central MTR station, give them the cash and the card and they
will put it on for you
1340
1 Feb 2024 12:51:46
You can get cash out from
HSBC along the way to central MTR station
1341
1 Feb 2024 12:52:24
Are you annoyed I didn’t
wanna have sex
1342
1 Feb 2024 12:54:41
[4 laughing emojis] [reply to “Are you annoyed
I didn’t wanna have sex”]
1343
1 Feb 2024 12:54:46
What no of course not
1344
1 Feb 2024 12:55:05
Was impressed by your
restraint :)
1345
1 Feb 2024 12:57:28
Okay if you say so
1346
1 Feb 2024 12:57:37
Felt like you maybe were
1347
1 Feb 2024 12:59:48
Oh no, sorry you felt
that way!
1348
1 Feb 2024 13:00:13
Mildly frustrating but
nothing more than that hahah
1349
1 Feb 2024 13:44:43
Ok
1350
1 Feb 2024 13:49:59
Interesting you don’t
give head though :)
1351
1 Feb 2024 13:50:24
Bad experiences. Not
done it since I was 18
1352
1 Feb 2024 13:50:38
Won’t really do that
until like marriage
1353
1 Feb 2024 13:50:54
Oh sorry to hear that [reply to “Bad experiences. Not
done it since I was 18”]
1354
1 Feb 2024 13:51:52
Also didn’t know you
were bisexual but you can rest easy knowing I don’t have any foot fetish:)
1355
1 Feb 2024 13:52:25
Looool I don’t mind feet
they’re fine. I love being bit though
1356
1 Feb 2024 13:52:52
Hahah of course I’m
definitely straight
1357
1 Feb 2024 13:52:58
What’s your favorite
thing about being bi?
1358
1 Feb 2024 13:53:25
The message was
deleted
1359
1 Feb 2024 13:53:33
The message was
deleted
1360
1 Feb 2024 13:53:46
Girls know girls very
well
1361
1 Feb 2024 13:54:17
What have been some of
your craziest experiences? Like stuff you enjoyed the most [reply to parent message: “She did some wild shit”]
1362
1 Feb 2024 13:54:41
I think peep show said
it was like getting your car fixed at the dealership [laughing emoji]
1363
1 Feb 2024 13:55:12
The message was
deleted
1364
1 Feb 2024 13:55:44
The message was
deleted
1365
1 Feb 2024 13:56:37
The message was
deleted
1366
1 Feb 2024 13:57:11
Oh I see, that does
seem pretty extreme but can see how it’s hot
1367
1 Feb 2024 13:58:07
I think the issue I
sometimes fall into is that I love satisfying someone else so much that
sometimes can just fulfill some pretty wild fantasies
1368
1 Feb 2024 13:58:14
The message was
deleted
1369
1 Feb 2024 13:58:40
I don’t share them, but
love the effect they have haha
1370
1 Feb 2024 13:58:59
The message was
deleted
1371
1 Feb 2024 13:59:07
What kind of fantasy [reply to parent message “I
don’t
share them, but love the effect they have haha”]
1372
1 Feb 2024 13:59:44
The message was
deleted
1373
1 Feb 2024 13:59:49
Yeah, foot massages
are really nice tbh, for stuff on me like I hate pain so anything very
sensual I really like [reply to parent message: “Yeah like I like
giving massages will give a foot one any day. But when it became like she’d
want me to hurt her ankle or leg I just couldn’t and didn’t really want to do
that”]
1374
1 Feb 2024 14:00:12
Would love to explore
this with you, never really indulged in that before [reply to parent message “I have a mild foot
fetish I’d say but not to her extent”
1375
1 Feb 2024 14:00:15
Maybe I’ll give you one [reply to parent message “Yeah, foot massages are really nice tbh, for stuff on me like I hate
pain so anything very sensual I really like”]
1376
1 Feb 2024 14:00:53
I don’t like my own feet being
touched as much [reply to parent message “Would love to explore this with you, never really indulged in that
before”]
1377
1 Feb 2024 14:01:16
The message was
deleted
1378
1 Feb 2024 14:01:47
The message was
deleted
1379
1 Feb 2024 14:02:20
The message was
deleted
1380
1 Feb 2024 14:03:13
The message was
deleted
1381
1 Feb 2024 14:03:41
Oh so sometimes consent
/ non consent in the middle of something very passionate, one wanted me to
press a knife next to her throat while having sex [reverse smiling emoji] (couldn’t bring
myself to indulge in that one) and ropes / bed ties while I play with
them with toys / sex and bring someone to the point where they just squirt
and shake [emoji] [reply to parent message: What kind of fantasy”]
1382
1 Feb 2024 14:04:09
Heavenly, perfect treat for the end of working a long day [smiling emoji] [reply to parent message: “Maybe I’ll give you one”]
1383
1 Feb 2024 14:04:22
Wow interesting [reply to parent message: “Oh so sometimes consent / non consent in the middle
of something very passionate, one wanted me to press a knife next to her
throat while having sex [reverse smiling emoji] (couldn’t bring myself to indulge in
that one) and ropes / bed ties while I play with them with toys / sex and
bring someone to the point where they just squirt and shake”
1384
1 Feb 2024 14:04:39
You’d like it? [reply to parent message: “Heavenly, perfect treat
for the end of working a long day [smiling emoji]
1385
1 Feb 2024 14:04:49
I don’t like not being in control
1386
1 Feb 2024 14:04:59
Oh I hate all kinds of
pain, no ankle breaking for me thank you :) [reply to parent message: “You’d probably like to
do what my ex did”]
1387
1 Feb 2024 14:05:03
I’d love it [reply to parent message: “You’d
like it?”]
1388
1 Feb 2024 14:05:32
Oh really, that would
be so hot, I’m
usually always in control [reply to parent message: “I don’t like not being in control”]
1389
1 Feb 2024 14:05:37
The message was
deleted
1390
1 Feb 2024 14:06:36
Tell me about your
perfect fantasy, where you’re completely in control and what you’d want from
me Reply to parent message: “I don’t like not being in
control”
1391
1 Feb 2024 14:07:08
Haha yeah I get that,
but if you have a good relationship you could just have the aftercare without
the need for the aftercare [laughing emoji] Reply to parent message: “Looool I know. It’s
the after care she loved”
1392
1 Feb 2024 14:07:09
I’m not even 100% sure
that’s the thing
1393
1 Feb 2024 14:07:30
Yeah it all started as role play Reply to parent message: “Haha yeah I get that, but if you have a good relationship you
could just have the aftercare without the need for the aftercare [laughing
emoji]
1394
1 Feb 2024 14:08:10
This message was
deleted
1395
1 Feb 2024 14:08:13
This message was
deleted
1396
1 Feb 2024 14:08:44
Not saying it will
happen, but tell me your deepest fantasy for me coming back from work this
evening, want to get an idea of what you enjoy
1397
1 Feb 2024 14:08:10
I have no idea
1398
1 Feb 2024 14:09:56
You can get a foot
massage. I’m a slow burn. Idk until I get more time with people and feel
relaxed and comfortable
1399
1 Feb 2024 14:10:08
I hate pressure and other
people taking control
1400
1 Feb 2024 14:10:16
I’m very bossy
1401
1 Feb 2024 14:13:38
Hmmm I think I could
write you a story that you’d enjoy, but not if you think it’s going to make
you feel pressured in anyway :)
1402
1 Feb 2024 14:14:44
I don’t know. I think
I’m not ready. Like I don’t wanna have sec
1403
1 Feb 2024 14:14:51
I know that is shit
1404
1 Feb 2024 14:14:58
But I don’t
1405
1 Feb 2024 14:15:06
Hahah, nah that’s
fine
1406
1 Feb 2024 14:15:52
I have zero interest
in anything you don’t want to do
1407
1 Feb 2024 14:16:14
I’ll just sit back
and let you take the lead :)
1408
1 Feb 2024 14:19:13
What’s chan chow
1409
1 Feb 2024 14:19:47
Sorry that’s such bad
spelling hahah
1410
1 Feb 2024 14:19:54
Cheung Chau
1411
1 Feb 2024 14:20:06
It’s an island in Hong Kong
you can get to
1412
1 Feb 2024 14:20:15
Okay cool
1413
1 Feb 2024 14:20:21
Last ferry is at like 10 pm
so just gotta make sure you don’t get stranded
1414
1 Feb 2024 14:20:58
Okay
1415
1 Feb 2024 14:21:24
Is it expensive to get too
1416
1 Feb 2024 14:23:29
Can we half swap
Thursday and Friday around. I’m gonna do museum today
1417
1 Feb 2024 14:27:41
No, you can good it’s just
the ferry from the harbour Reply to parent messages: “Is it expensive to get
too”
1418
1 Feb 2024 14:27:51
You use the Octopus card
1419
1 Feb 2024 14:28:03
Don’t know exactly how much
it is but would make sure you have cash before going
1420
1 Feb 2024 14:28:15
Yeah you can move anything around, I’m easy Reply to parent messages: “Can we half swap Thursday and Friday around. I’m gonna
do museum today”
1421
1 Feb 2024 14:28:25
Okay. Just because as I
keep saying Hong Kong wasn’t in my original budget. I’ll be mad at myself if
I go over board then can’t do the other stuff I want after this
1422
1 Feb 2024 14:29:11
You got Monopoly
money I’ve got a decent travel pot :) …
1423
1 Feb 2024 14:29:40
Haha yeah of course
1424
1 Feb 2024 14:30:46
The fast ferry is
HK30
1425
1 Feb 2024 14:30:59
Okay cool
1426
1 Feb 2024 14:33:16
Will take 40 mins on fast
ferry though and there’s not masses to do there but if you find some fun
stuff it can be good!
1427
1 Feb 2024 14:33:47
Cause I got up late,
I’m gonna just go to a random museum
1428
1 Feb 2024 14:34:10
Sounds great! [smiling
emoji]
1429
1 Feb 2024 15:21:17
lol I’m going on an
adventure
1430
1 Feb 2024 15:26:32
Hahah excellent!
1431
1 Feb 2024 15:26:33
Enjoy
1432
1 Feb 2024 16:01:13
Hey
1433
1 Feb 2024 16:01:23
If I cough all night
tonight I might book myself into a hotel
1434
1 Feb 2024 16:01:30
Because I don’t wanna be
waking you up
1435
1 Feb 2024 16:01:39
Haha what, no don’t be
silly
1436
1 Feb 2024 16:01:54
No no cause I even threw up
1437
1 Feb 2024 16:02:14
But how would being in a
hotel help? Haha
1438
1 Feb 2024 16:02:15
I don’t wanna like wake you
up etc
1439
1 Feb 2024 16:02:28
Cause I won’t be waking you
up lol.
1440
1 Feb 2024 16:02:33
You’ve seen I’m a deep
sleeper though, it’s fine haha
1441
1 Feb 2024 16:02:40
Trust me I don’t wanna
spend money on that but I felt really uncomfortable
1442
1 Feb 2024 16:03:55
Oh I’m sorry about
that, is there something I’m doing to make you feel uncomfortable or it’s the
coughing?
1443
1 Feb 2024 16:07:22
No no not you tbh. I
enjoyed our night maybe not the sex part as much as I’m not ready but mainly
just my coughing
1444
1 Feb 2024 16:10:54
Sorry I shouldn’t
have rushed you, I’d prefer you stay with me, will be much nicer / easier and
also way cheaper, but I’m not going to force you to if you’re adamant that
you wanna stay somewhere else
1445
1 Feb 2024 16:11:54
No it’s fine honestly
don’t stress. I’m gonna stay with you just don’t wanna cough all night and
then feel bad
1446
1 Feb 2024 16:12:02
I might need your
help doing something later though
1447
1 Feb 2024 16:12:06
Ordering an Uber
1448
1 Feb 2024 16:12:22
My phone won’t let me
download any apps since I been away :/
1449
1 Feb 2024 16:13:09
Yeah I get it, guess just
try and find a way to not cough all night [laughing emoji]
1450
1 Feb 2024 16:13:37
I tried so hard last
night then when I went to the living room I literally ran to the toilet and
committed
1451
1 Feb 2024 16:13:40
Vomitted
1452
1 Feb 2024 16:13:45
Ah sure, would just
need your pick up and drop off address
1453
1 Feb 2024 16:14:08
Is it a new thing? Like any
reason why it’s happening? Reply to parent message: “Vomitted”
1454
1 Feb 2024 16:14:25
Can honestly say I
completely missed this though haha slept straight through
1455
1 Feb 2024 16:14:41
Voice message
[P3C(33-34)] I ‘m gonna meet my
friend for dinner at 7:00. Is that too late for you? Is that OK? And then I
think I’m gonna need you to get me a taxi to her )cause. She’s a bit far.
Where the fuck am I? I am a bit lost now. Suddenly just )cause she’s a bit
further away and. That’s the only like I don’t. I don’t feel comfortable
getting a train just yet. I Mean I can. But a train? Sorry, I’m just trying
to get out. Where I am. So yeah, if that’s OK, then that would be good. If
not, then yeah, I can give you like money for it and stuff whatever. It’s
like 15 minutes away. Causeway Bay Lane oe something?
1456
1 Feb 2024 16:15:56
Voice message
[P3C(35-36)] So basically I
developed a cough like a week ago and for like nearly every night in the
last. Week or give days. I’ve just been being like coughing, but to the point
where I can’t stop coughing like I thought it was food poisoning at first
when I started throwing up. And then the day after I was like coughing all
night. Only at night, though, like it’s like. And when I’m lying down, it’s
really really bad. Whereas when I’m sitting up, it’s not as bad. So what I
did last night? Because I just sat up in the living room for ages, and then
when I was in the bed, I just sat up in bed for ages. But it’s just not ideal
like that, throwing up shit doesn’t. It’s just horrible. It’s like coughing
my guts out like my ribs really hurt. Like, I feel like I’ve been punched in
the ribs, so it’s nothing to do with you. Nothing to do with anyone. It’s
just genuinely I’ve just got this really bad cough at the moment. So I’m
sorry, I thought it would have been gone by now and I didn’t think this would
be happening but it is what it is not much I can do.
1457
1 Feb 2024 16:18:30
Yeah that’s fine, just need
the specific address and where you are and can call an Uber from my phone Reply to voice message
1458
1 Feb 2024 16:19:40
No worries, no fun at all Reply to voice message
1459
1 Feb 2024 16:20:09
I’m so sorry though. For not wanting to have sex as
well
1460
1 Feb 2024 16:20:32
I’m walking around
where could I get a snack and what’s the mall called round here
1461
1 Feb 2024 16:23:04
Oh there’s literally
no need to apologize for that!
1462
1 Feb 2024 16:23:32
Hahah, fair fair fair. IFC
is the mall we saw before but there loads Reply to parent message: “I’m walking around where
could I get a snack and what’s the mall called round here”
1463
1 Feb 2024 16:23:50
Hong Kong Food: [X’s name] [hyperlink]
1464
1 Feb 2024 16:40:20
Okay cool Reply to parent message: “Hahah, fair fair fair, IFC
is the mall we saw before but there loads “
1465
1 Feb 2024 17:29:32
What time do you finish
work
1466
1 Feb 2024 17:29:53
Probs going to finish at
around 10pm today
1467
1 Feb 2024 17:29:58
Something like that [smiling emoji]
1468
1 Feb 2024 18:03:00
Is my flight
changeable
1469
1 Feb 2024 18:03:07
Nope haha
1470
1 Feb 2024 18:03:13
I see
1471
1 Feb 2024 18:03:37
Sorry I just got it through
Skyscanner so I’m pretty sure it’s fixed
1472
1 Feb 2024 18:03:47
Can you check?
1473
1 Feb 2024 18:04:09
I’m in a meeting at the
moment but can take a look afterwards
1474
1 Feb 2024 18:04:14
Ok
1475
1 Feb 2024 18:04:33
You’ll have to forward me
the booking reference like last time as the contact info is your email I
believe
1476
1 Feb 2024 18:08:23
What would you want to
change it to? Just thinking it may be difficult because it’s two different
carriers that you had on your way back
1477
1 Feb 2024 18:34:37
I no longer feel
comfortable that’s the truth
1478
1 Feb 2024 18:58:35
Ah I’m sorry that you feel
that way and I’m sure that my working a lot today hasn’t
1479
1 Feb 2024 18:59:51
I’ll try and finish up here
as quickly as possible and then we can discuss everything later this evening
with regards to what you want to do make you feel more comfortable, if that means
leaving earlier then of course that’s
1480
1 Feb 2024 19:01:11
I’d hate for you to stay in
a situation that you’re not comfortable with (I wouldn’t have any feelings of
resentment either, like I understand it’s a bit intense) [smiling emoji]
1481
1 Feb 2024 19:01:26
You violated me last
night, I didn’t wanna have sex
1482
1 Feb 2024 19:09:25
I’m really deeply
sorry, I was slightly drunk and I misread your signals, it’s no excuse and I
know it doesn’t make it any better
1483
1 Feb 2024 19:13:31
I hate that that happened, so please let me know what yoy’d like to
do next - I can sleep on the sofa, I can get you a hotel room or look into
getting you a flight back to Goa sooner
1484
1 Feb 2024 19:14:01
I’ve just had to
spend so much money on a hotel and you’ve literally just fucked me. I can’t
even believe
1485
1 Feb 2024 19:17:08
You basically raped me [X’s name] and that’S not ok. I don’t know what your into but
1486
1 Feb 2024 19:17:47
That’s not what I’m into at all and I feel sick Reply to parent message: ‘You basically raped Mr [X’s name] and that’s not ok. I don’t know what your into but”
1487
1 Feb 2024 19:18:51
You raped me
1488
1 Feb 2024 19:22:24
1489
1 Feb 2024 21:49:24
Hello, I just got
home from work and am feeling terrible. I would like to call you but
understand if now is not the right time. I’ll be up for another 20 minutes or
so but then going to sleep (don’t want you to think that I’m ignoring you if
you try to call
1490
1 Feb 2024 21:59:28
I’ve left a red first aid kit
at your house. Please can you leave it at reception before you go to
work
1491
1 Feb 2024 22:01:38
1492
1 Feb 2024 22:06:42
Is it done?
1493
1 Feb 2024 22:07:20
It’s done - it’s in a Deliveroo
bag and I’m in the lift going upstairs now
1494
1 Feb 2024 22:07:58
This message was
deleted
1495
1 Feb 2024 22:08:02
This message was
deleted
1496
1 Feb 2024 22:10:48
Please let me know when
you’ve got the bag
1497
2 Feb 2024 07:25:28
Can you send me the
money you owe me? Isabel Rose Acc: 45201668 Sort code: 04-29-09
1498
2 Feb 2024 07:29:43
Hi, I don’t know of any money I owe you other than the offer to
pay for your hotel - how much do you want me to send?
1499
2 Feb 2024 07:30:35
Send me the right
amount you owe me for everything. Think about that
1500
2 Feb 2024 07:32:27
Think carefully
1501
2 Feb 2024 07:36:05
I think £2k should
cover your hotel, flights and everything for your trip so I’ll send that to
you shortly
1502
2 Feb 2024 07:36:55
I think I remember it
being 5k
1503
2 Feb 2024 07:41:34
That’s more than I
usually carry in cash but should be able to get that to you by the end of the
day to your account
1504
2 Feb 2024 07:41:46
Technically it was
£10k i remember quite clearly but that’s down to you if you chose to send
what you REALLY owe me then I won’t bother you again
1505
2 Feb 2024 07:41:54
By 8:30am
1506
2 Feb 2024 07:42:40
Details above as
follows
1507
2 Feb 2024 07:43:49
I really don’t have
£10k I can send you that quickly - I’ll try and send £5k to the details above
1508
2 Feb 2024 07:43:50
I’m dead serious by
the way I want what I’m owed
1509
2 Feb 2024 07:44:37
Work on the full
amount. 5k by 8:30. But I want the full 10k by midday [X’s name]
1510
2 Feb 2024 07:45:45
I’m really really
serious
1511
2 Feb 2024 07:46:47
I understand
1512
2 Feb 2024 07:48:32
Not quite sure you
do! I pray that by 8:30 half the amount is in there. I pray that by midday I
have the full amount I’m owed
1513
2 Feb 2024 07:57:24
Photo [P3B(45)]
1514
2 Feb 2024 07:57:32
And Midday for the
second half of what I’m owed, thank you
1515
2 Feb 2024 11:05:32
Photo [P3B(46)]
1516
2 Feb 2024 11:06:15
I tried to send it and got
this message from my bank
1517
2 Feb 2024 11:07:37
Hopefully it clears
in the next four hours and then you’ll receive the amount
1518
2 Feb 2024 12:00:40
It’s midday
1519
2 Feb 2024 12:01:03
I know, the payment is in
process
1520
2 Feb 2024 12:01:36
I’m just waiting for my
bank’s security checks
1521
2 Feb 2024 12:05:11
I can call them now to see
if they can expedite the payment. I’ll let you know exactly what they say
1522
2 Feb 2024 12:07:18
As you should
1523
2 Feb 2024 12:12:19
Just got off the phone with
my bank. The quantity is such that they are running security checks that
cannot be sped up but they confirmed that you’ll receive it by the end of
1524
2 Feb 2024 12:22:17
Please just give me time for the payment to clear, I’ll phone again
at the end of the day if you haven’t received it by then. I can’t speed it
along any more than I already am
1525
2 Feb 2024 12:23:32
You’ve given 10% of
what I’m owed. 100% of my soul gone
1526
2 Feb 2024 16:12:39
Hello
1527
2 Feb 2024 16:27:21
It’s after 4pm
wondering if you managed to chase the bank and read my message above
1528
2 Feb 2024 16:31:17
Hello, they said end of the
day London time, I’ll chase again at 4pm up time if it still hasn’t gone
through - I’m available to speak this evening
1529
2 Feb 2024 16:34:13
Ok. Did you read that
you would’ve only given me 10% of what you owe me. You’re good at maths so
I’m sure you can work it
1530
2 Feb 2024 16:35:20
Can we call?
1531
2 Feb 2024 16:35:49
No we can’t. You can just understand what I’ve
written and do the maths please!
1532
2 Feb 2024 16:37:33
But I don’t have
£100k, I have no way of paying you that
1533
2 Feb 2024 16:37:33
You have half of it
which can be sent. And the other half tomorrow
1534
2 Feb 2024 16:38:19
I don’t even half of it
1535
2 Feb 2024 16:39:06
1536
2 Feb 2024 16:41:19
Please work it out
1537
2 Feb 2024 16:44:35
1538
2 Feb 2024 16:45:59
I didn’t listen to
this because it disappeared, was it meant to do that?
1539
2 Feb 2024 16:47:28
1540
2 Feb 2024 16:48:08
1541
2 Feb 2024 16:48:46
I’m desperately trying to
work this out
1542
2 Feb 2024 16:49:20
I hope so
1543
2 Feb 2024 16:50:01
1544
2 Feb 2024 23:56:59
This message was
deleted
1545
3 Feb 2024 00:54:23
Hello. Has there been
an updated on the money you owe me from before?
1546
3 Feb 2024 11:11:02
1547
3 Feb 2024 21:45:43
26. X explained that he had to go to work and he texted the Defendant in the morning of 1 February 2024 to check that she was enjoying herself and to tell her that he had to work late that day. He also suggested that the Defendant could have dinner with her childhood friend who was in Hong Kong [P3A(1333)].
27. This was followed by an exchange about sexual matters [P3A(1341-1407)]. X explained that the Defendant did not want to have sex the previous night and appeared to think that X was annoyed. X only wanted to put her at ease and assure the Defendant that he was not annoyed at all [P3A(1348)].
28. During their night together on 31 January 2024, X asked the Defendant to perform oral sex on him but the Defendant refused. He was curious and asked the Defendant about it during their exchange about sex the next morning. However, he did not delve into the details [P3A(1350-1352)].
29. The Defendant sent some messages [P3A(1358-1359)]. X read those messages but can no longer remember the contents. Those messages were subsequently deleted by the Defendant.
30. X and the Defendant then had an exchange about their ‘craziest experiences”. X explained that they had an intimate evening together the previous night and he wanted to pursue a romantic relationship with the Defendant. He wanted to find out what satisfied the Defendant and what she had done in the past [P3A(1361)]. The Defendant then sent him 3 messages [P3A(1363-1365)]. Those messages were later deleted by the Defendant. X does not remember all the contents of those messages. He only recalls that the Defendant told him that she used to have a girlfriend who had a foot fetish and was slightly masochistic. He found what the Defendant described to be quite extreme [P3A(1366)] and that was why he remembered it.
31. X told the Defendant that he loved satisfying others and can fulfill some “pretty wild fantasies” [P3A(1367)]. The Defendant sent 3 messages in reply which were subsequently deleted by the Defendant. X no longer remembers the contents of all those messages but they were quite “kinky” [P3A(1368-1372)]. However, in one of those messages, the Defendant raised the topic of foot massages. She told X that she used to give her former girlfriend foot massages, which escalated into inflicting pain as well as something erotic. The Defendant mentioned hurting her former girlfriend’s foot during a foot massage. That was why X told the Defendant that he enjoyed foot massages but not pain. He also offered to explore foot massages with the Defendant [P3A(1373-1374)]. The Defendant suggested giving X a foot massage [P3A(1375-1380)]. X told the Defendant that he would love a foot massage but did not enjoy pain or having his ankle broken [P3A(1382-1387)]
32. During the exchange about foot massages, the Defendant sent 4 messages which were subsequently deleted by the Defendant [P3A(1377-1380)]. X can no longer recall the contents of all the messages. He can only recall that those messages were about the Defendant’s fantasies.
33. In the deleted messages, the Defendant also asked about X’s previous sexual experiences. X told her that one previous partner like to role play consent / no consent. That partner fully consented to having sex but wanted to pretend that there was no consent and she wanted X to press a knife to her neck [P3A(1381)]. X tried this once with his previous partner but did not enjoy the experience.
34. The Defendant told X that she did not like “not being in control” [P3A(1385-1389)]. X did not know why this was mentioned. He presumed that it related to playing dominant / submissive roles. He thought this meant that the Defendant did not like to play a submissive role during sex and that the Defendant played the dominant role with her former girlfriend.
35. X wanted to satisfy the Defendant’s sexual fantasies. He therefore asked the Defendant about her “perfect fantasy” where the Defendant was in complete control and what the Defendant would like X to do to her in the future [P3A(1390)]. The Defendant told X that in her previous relationship, “it all started as role play”. X asked again what the Defendant would like him to do when he got home from work that evening. The Defendant said she had no idea. She only suggested giving X a foot massage. The Defendant also reiterated that she was a “slow burn”; she hated pressure and wanted to be in control. X then offered to write a story for the Defendant but told her not to feel under pressure. He meant sending explicit messages to her. The Defendant replied that she was not ready and did not want to have sex. X assured her that it was fine not to have sex and that he had “no interest in anything” the Defendant “did not want to do”. He was happy to let the Defendant take the lead [P3A(1393-1407)].
36. After discussing what the Defendant may want to do during the remainder of her visit, the Defendant spoke about her cough [P3A(1432-1480)]. X tried to dissuade the Defendant from moving to a hotel because the Defendant had told him a number of times that she did not want to go over budget. X thought that the Defendant was worried about waking him at night when the Defendant’s cough did not in fact bother him. He made it clear to the Defendant that ultimately, it was her decision. He also thought that perhaps the Defendant regretted having oral sex with him, although she wanted it at the time. After a discussion about getting an Uber, the Defendant apologized again for not wanting to have sex. X told her not to worry about it.
37. The Defendant asked X about changing her flights and said that she no longer felt comfortable [P3A(1468-1480)]. X thought the Defendant was uncomfortable that their relationship was moving too quickly or the Defendant did not have the same romantic feelings he felt for her. He also thought that he may be working too late and she thought X was not interested in her.
38. After X sent 3 messages to explain why it may be difficult to change her flights, the Defendant suddenly alleged that X had “violated” her the previous night [P3A(1468-1481)]. X thought that the Defendant meant X had “violated” her emotionally. He may have touched on one of the Defendant’s insecurities when he made a joke the previous night. He was slightly confused when the Defendant repeated that she did not want to have sex in the same message as this has already been discussed several times earlier that day. X mentioned that he had had a few drinks because he thought he may have said something to offend the Defendant. X said that he hated that that happened and offered to sleep on the sofa. He explained that he was being deliberately vague because he was not sure what the Defendant was uncomfortable with. He wanted the Defendant to know he was happy with any decision that she made about her accommodation.
39. The Defendant then accused X of raping her [P3A(1484-1485)]. X was shocked. He said that he was not into raping. He felt sick that someone he cared about would make such an accusation against him [P3A(1486)]. Later on, X tried to call the Defendant [P3A(1488)]. He wanted to speak to the Defendant because he did not understand why the Defendant would make such an allegation. He did not think it was appropriate to discuss such a serious matter over text messages. When the Defendant did not pick up the call, X checked the Defendant’s Instagram. He saw that the Defendant had posted a story, which showed that she was out for dinner with her friend and was smiling. This added further to X’s confusion.
40. X messaged the Defendant again after work. The Defendant replied and told X that she had left her first aid kit in X’s flat. She asked X to leave the first aid kit at the reception before he went to work the following day. He then received a telephone call from the Defendant [P3A(1491)]. The Defendant wanted X to leave the first aid kit at the building reception immediately. X tried to ask about the Defendant’s allegations but the Defendant refused to engage in any way. X did not know why the Defendant needed her first aid kit. He had not seen her using it in his flat. However, he complied with the Defendant’s request and left the first aid kit at the reception.
41. In 2 February 2024, the Defendant asked X to send her the money that he owed her [P3A(1498)]. X did not understand this request as he did not owe the Defendant any money. He thought that the Defendant might be referring to his promise to pay for her hotel. X did not think that the Defendant was blackmailing him at the time. The Defendant has been complaining about her lack of financial resources since they met. That was why he thought that the Defendant needed money for her hotel. It was the only interpretation that made sense to him. That was why he stated in his message that £2K should cover the Defendant’s hotel, flights and everything for her trip. However, the Defendant stated that she remembered it was 5K. X thought that this amount was on the high side but it was a reasonable amount as a gift between two people in a romantic relationship. After X agreed to pay the Defendant £5,000, the Defendant suddenly alleged that the amount X owed her was £10,000 and demanded the same yo be paid by 8:30 am. X agreed in an attempt to placate the Defendant. When X stated that he did not have £10,000 on hand, the deadline for payment was extended to midday [P3A(1498-1512)].
42. On the same day, X transferred £5,000 to the Defendant’s bank account pursuant to the Defendant’s demand. He sent a screen shot of the transfer confirmation to the Defendant [P3A(1509-1513)]. X then tried to transfer another £5,000 to the Defendant but that transfer was subjected to security checks. He explained this to the Defendant and sent another screen shot to the Defendant [P3A(1514-1524), P3B(46)]. The Defendant then suddenly alleged that X has only paid 10% of what he owed her. At the time, X had no update on the second £5,000 he tried to transfer to the Defendant. He did not understand why the Defendant said he owed her £100,000. He told the Defendant that he did not have £100,000. The Defendant then allowed X to pay in installments [P3A(1525-1534)]. The Defendant then called him and reiterated the demand for £100,000 [P3A(1535)]. Subsequently, X received a “disappearing message” from the Defendant [P3A(1537)]. These are messages that disappear after they are opened. However, X had never previously received such messages. He did not know how to open it and did not hear the contents. The Defendant sent 2 more disappearing messages to X [P3A(1539-1540)], which X managed to open. He does not remember what the Defendant said in the first message. In the second message, the Defendant told X that he had 24 hours to pay her £100,000. X could also pay £50,000 first, then £10,000 per week; otherwise the Defendant will go to the police to report a crime.
43. As the Defendant chased him for payment again, X reached out to colleagues and his mother. His colleague told X that it sounded like blackmail. X subsequently cancelled the transfer of the second £5,000. X was also seeking legal advice. He told the Defendant that he was “desperately trying to work things out” as an acknowledgment of the deadline [P3A(1541)].
44. X received another disappearing message from the Defendant [P3A(1543)] but he does not remember the contents. The Defendant then sent another message which was subsequently deleted [P3A(1544)] where the Defendant asked for an update on X’s ability to pay £100,000. By this time, X had obtained legal advice and was told not to have further correspondence with the Defendant. He therefore did not reply to any further messages. He also did not answer the Defendant’s telephone calls.
45. The Defendant reported to the police that X had raped her. As a result, X was arrested on 4February 2024.
PW2
46. Inspector 15260 (PW2) was only tendered for cross-examination pursuant to a request from the Defence.
47. On 3 February 2024, PW2 was informed about a rape case which allegedly occurred at X’s flat. The Defendant was the alleged rape victim. X was the alleged rapist. PW2 was informed that the Defendant made a report of the rape at the Ruttonjee Hospital and was accompanied by her mother and a social worker. The Defendant, her mother and the social worker arrived at the Central Police Station at about 2115 hours on the same day. At 2147 hours on the same day, PW2 and his team members left the police station to make enquiries and for CCTV tracing.
48. At 2345 hours on the same day, PW2 applied for a search warrant, which was granted at 0005 on 4 February 2024. At 0018 hours, PW2 and his team (including D Sgt 3745, D Sgt 5828, DPC25644, PC8964 and PC60831) went to X’s flat to arrest X. The entire team was in plain clothes. At that time, PW2 and his team already had a key card to X’s flat. The key card was given to the police by the Defendant. At 0144 hours, PW2 and his team went to X’s flat with a security guard. D Sgt 5828 pressed the doorbell for about a minute but there was no response. PW2 therefore instructed DPC to open the door with the key card. When the door was opened, the police discovered that a chain was latched on the door. PW2 said 3 times that he was police and asked the occupant to open the door, otherwise the police will enter by force. There was still no response. PW2 then instructed his team members to break open the door and entered the flat.
49. After entering the flat, PW2 heard a male screaming. PW2 looked towards the direction of the scream. He saw X outside the bedroom on the left side of the flat. After screaming, X turned, ran inside the bedroom and closed the door. PW2 immediately instructed his team members to stop X. That team member pulled open the bedroom door, pulled X out of the bedroom and PW2’s team members subdued X on the floor. PW2 stated that they declared at various stages that they were police. The first time was after X screamed. At 0148 hours, X was arrested for rape.
50. PW2 explained that the lights inside the sitting room of the flat were off when the police entered. The light inside the bedroom was on. PW2 could not see clearly when he entered the flat. The lights inside the sitting room were only turned on after X was subdued.
PW3
51. On 3 February 2024, the Defendant reported a rape case. The Defendant’s case was then transferred from another police district to the police district where SDPC56382 (PW3) was attached. PW3 was assigned to deal with the Defendant’s case at about 8 pm on the same day.
52. The Defendant was brought to the Central Police Station by officers from another police district. PW3 first met the Defendant in the Central Police Station at about 9:15 pm on 3 February 2024. She did not know whether the police officers in the other district had conducted any investigations of the Defendant’s case. PW3 made some preliminary enquiries from the Defendant when they first met. The Defendant told PW3 how she met X, what she had done with X, how she was raped by X and what happened after the rape. At about 2308 hours on 3 February 2024, SDPC56382 (PW3) accompanied the Defendant to attend a forensic medical examination after the Defendant reported that she had been raped. The examination concluded at about 0035 hours on the following day. PW3 then took the Defendant back to the Defendant’s hotel but no further questions were asked during this time.
53. Between 0145 hours and 0445 hours, PW3 took a witness statement from the Defendant. The Defendant’s mother and a social worker, Ms Pang from Rain Lily was also present pursuant to the Defendant’s request. This was not unusual for sexual cases.The Defendant’s witness statement was produced as P6.
54. The Defendant’s witness statement was type written by PW3. PW3 explained that she asked the Defendant to tell her what happened. PW3 asked the Defendant questions and the Defendant answered. PW3 typed the Defendant’s answers on her lap top computer as the Defendant spoke. PW3 did not have the Defendant’s telephone but was shown some of the WhatsApp messages. When she could not understand what the Defendant was saying, PW3 would ask the Defendant to repeat her answer. The witness statement was an accurate contemporaneous record of the Defendant’s answers.
55. After the witness statement was completed, PW3 printed a hard copy of the witness statement and gave it to the Defendant to read. She told the Defendant to read the witness statement, including the declaration at the top of the statement (ie ‘I am willing to make a statement to the Police. The statement I am about to make is true to the best of my knowledge and belief and I make it knowing that if I willfully state anything which I know to be false or do not believe to be true, I may be liable to prosecution for a criminal offence”). The Defendant confirmed that the contents of the witness statement were correct. The Defendant signed under the declaration and at the bottom of each page of the 4-page witness statement. PW3 also signed the witness statement. She told the Defendant that she could amend the contents of her witness statement at any time, even after she has signed the witness statement. The Defendant never told PW3 that she wanted to amend any part of her witness statement.
56. Under cross-examination, PW3 denied that her English was so poor that she had to rely on Google Translate to write the witness statement or that she failed to record what the Defendant said.
57. The contents of the Defendant’s witness statement (P6), are as follows:
“1. I am the above person, I was born in UK. I have a Post-graduated degree in UK. I can read and write English. I am now giving a statement to police about I was raped by a male and accompanied by social worker Ms … from RainLily.
2. On 2023-12-27 or 2023-12-28, I was having my holiday at Ka Samui Island, Thailand. I acquainted a male (X’s name) (UK Passport No. … , phone number: … ) thereat. We spent sometimes in Thailand. We exchanged our contact phone numbers and he left Thailand. We then communicated on WhatsApp. He introduced me foods of Hong Kong and invited me to Hong Kong. As I had to returned India for my mother, I didn’t go to Hong Kong right away. He kept inviting me to Hong Kong and told me he would bring me for sight seeing and taste foods of Hong Kong. Finally, I decided going to Hong Kong. However, I told him I was freaking out about accommodation and maybe thinking I should book somewhere as back up. I also told him “my ex boyfriend I didn’t sleep with him for 4 months, I’ve also been celibate”. He told me he didn’t expect anything happen between him and me. He said ‘Just to be clear there’s no obligation to do anything will just be nice and fun to show you HK”. He also sent me his passport picture as I asked him for safety. His response was “This so that your mom knows what to hand into the police if anything goes wrong”.
3. I arrived in Hong Kong in the afternoon on 2024-01-31. He texted me how to get on train from Airport to MTR Hong Kong Station. He showed me how to go to Pret A Manger in IFC. Then (X) and I met in Pret A Manger at about 2:20 pm on 2024-01-31. He brought me to eat in Central, showed me the Central Market. Then he took me to his apartment at (address) (he sent me the address before I arrived Hong Kong). He showed me his place, welcome me to use his bathroom and stay thereat. He gave me the apartment access card. He then left his apartment as he said he needed to go back to work. Then, I left the apartment to get some foods. I returned there around 3:50 pm As I wanted to know him more, I opened his cupboard to check his things. I had a shower and had a snap.
4. At around 7:00 pm on the same day, (X) returned. He then took me out to Happy Valley at 8:30 pm. he took me to Happy Valley jockey club. I was so exciting as I like horse. We watched some matches there and I had two beer and he had two beer also. We left the jockey club at about 11:10 pm on the same day. We first went to Mid Level MacDonald for buying foods. We then returned to his apartment at about 11:53 pm. We were eating, watching TV. Around 10 minutes later, I went to the bedroom to change my clothes and I locked the bathroom door. I put on my light blue shorts (length to my knee) and a white short-sleeve T-shirt. I didn’t wear my bra as I usually not wearing it when I sleep. Then I slide the other door of the bathroom which facing his bedroom (the only bedroom there). When I just stepped out the bathroom, he suddenly showed up from nowhere, he used his right hand grabbed my neck, pushed me into the bed. He took off my shorts immediately. He used his two knees to push on my knees. I was so shocked and scared. I immediately told him to stop but I was grabbed by him and suffocating. I couldn’t breathe and felt like I was going to black out. I struggled but he used his both hands to grab my neck. His knees opened my legs. He used his right hand to grab my neck, used his left hand to take a condom from the left side cabinet, used his teeth to tear the packing, he put on the condom so quickly. I saw his penis not that hard but hard enough (asmei). He then used his hand to control my two hands on my back when I was facing upward. Then, his penis entered my vagina 2/3 times from what I remember, could be more or could be less three times and I felt uncomfortable. I was struggling like kicking and pushing him. He then took away the condom, flip me over. My back was facing him. He used his hands to control my hands. I felt he put his penis to my asshole. He was whispering to me saying “I know this is not you want, let me fuck you”. Then, I managed to swing out. He said that ‘let me lick you out”. He touched my thigh, he licked my private part. At that time, I was like almost black out, I thought I was going to die. He took my hand to touch his penis, tried to make me masturbate him. He then masturbated himself and saying “come on, come on”. I didn’t know how long it take. Then, I managed to escape. I moved to a corner of the bed, the pillow side near the window like fetal position. He put his boxes on and said we’re going to sleep. Then, he was lying on the bed and slept. I was so scared to move, I stayed on the bed until he slept. Then I wanted to look for my mobile phone. I got down the bed and went to the living room sofa. I was coughing and threw up. I was afraid to wake him up and I went to bathroom and threw up. But I could not find my phone, I moved back to the bed. I stayed on the same corner. I was so scared to wake him up. Until 8:30 am on 2024-02-01, he woke up. He tried to do the same thing, touch my private part, I thought he tried to rape me again. He tried to lick me out again, touching me. I thought it (rape or licking out) would happen again. I was trying to stay away from him. He later went to bathroom to take a shower. He then ironed his shirt and he left the apartment to workat around 9:00 am. At that time, I found my mobile phone under the pillow. I had searched the same area but I didn’t find my mobile phone. I thought he hided my mobile phone. Before he left, he didn’t say much, just said “Good Morning”.
5. After he left, I was lying in the bed as I was shocked. I had a shower as I felt disgusting. In the afternoon, he sent me messages via WhatsApp. At some point, I told him that “Are you annoyed I didn’t wanna have sex”. He replied that “What no of course not, Was impressed by your restraint”. He also said on WhatsApp that “Oh so sometimes consent/non consent in the middle of something very passionate, one wanted me to pressa knife next to her throat while having sex (couldn’t bring myself to indulge in that one) and ropes/ bed ties while I play with them with toys / sex and bring someone to the point where they just squirt and shake”. I kept texting him because I didn’t want to upset him and afraid he would return. I put on my clothes and left the apartment at 2:30 pm I went to Hong Kong museum of medical sciences. I was wandering around there as I was so confused. I texted (X) that I would find another hotel as I didn’t want to stay with to wake him up from coughing. At around 5:50 pm on the same day, I returned to the apartment. I packed my things up and left there with my luggage. I genuinely thought I was going to die.
6. Then, I went to a bar to bring myself together as I didn’t want my friend who I met her in Time Square (arranged before). I texted (X) that “you violated me last night, I didn’t wanna have sex”. He replied that “I’m really deeply sorry, I was slightly drunk and I misread your signals, it’s no excuse and I know it doesn’t make it any better”, “I hate that that happened, so please let me know what you’d like to do next - I can sleep on the sofa, I can get you a hotel room or look into getting you a flight back to Goa sooner”. I texted him that “You raped me”. He called me but I didn’t pick up the phone. Then, I went to see my friend but I didn’t tell her what happened on me. My mum managed to reserve a hotel room for me at One 18 Hotel. At around 22:30 pm, I took a Uber taxi returned to (X)’s apartment as I left my stuff like first aid kits at (X) apartment. I told him to put my stuff in the building reception for me to collect. After I collected my stuff, I took the same Uber taxi to One 18 Hotel.
7. On 2024-02-02, I finally told my mother what happened on me. She immediately bought ticket to fly to Hong Kong. My mother arrived at Hong Kong in the afternoon on 2023-02-03. She took me to a hospital which the nearest from One 18 Hotel. I told the nurse what happened and they found me a social worker Ms PANG. Ms PANG then reported to Hong Kong Police. I also didn’t have my phone at the the time.
8. During the incident, I did not agree to him to have any sex with me. I was yelling on him to stop and tried my best to push him away but I was not strong enough to do so. I didn’t see (X) ejaculated. I did not leave his apartment at once as I was not thinking strange and scared. I cannot think a lot at that time as I was confusing. I don’t think he was drunk when he did such a thing to me at that time.
9. Actually, (X) borrowed me 500 pounds in Thailand and didn’t repay me until 2024-02-02. In the morning on 2024-02-02, I received 5,000 pounds on my bank account which was transferred from him, I thought he may want me to keep my mouth shut.
10. I do have sexual experience since I was 15 years old. I pregnant when I was 18 years old but I had miscarriage. I was junior marketing creative of immersive tech company before and I resigned a couple of days ago.
11. I am not willing to give my mobile phone to police as exhibit but I am willing to provide screen photos to Police. I request to gave a petition in court room and a special entrance for me for court trial as I don’t want to see this man again and let public members to see me.
This statement consisting of four pages in the English Language, each signed by me, has been read by me, and I have been told that I can correct, alter or add anything I wish.”
58. Counsel then cross examined PW3 about each of the alleged mistakes in P6:
(1) In page 4, para 8, instead of “Actually (X) borrowed me £500 pounds in Thailand and didn’t repay me until 2024-02-02”, the Defendant said X agreed to lend her £500 pounds but never gave her the money until 2 February 2024. PW3 denied that this was a mistake;
(2) PW3 agreed that the sentence in page 3, the second para 5, “Then, I went to a bar to bring myself together as I didn’t want my friend who I met her in Time Square (arranged before) was incomplete. PW3 agreed that she omitted 2 words, the sentence should be “as I didn’t want to see my friend”. She agreed that the sentence does not read smoothly even with the addition of those 2 words;
(3) In page 4, para 6, instead of “On 2024-02-02 I finally told my mother what happened on me”, the Defendant said “On 2024-02-01, I finally told my mother what happened to me”. PW3 stated that she does not remember;
(4) In page 2, para 4, instead of “He then used his hand to control my 2 hands on my back when I was facing upwards”, the Defendant said “He then used his hands to control my 2 hands on my chest when I was facing upward”. PW3 stated that she does not remember. She agreed that “asmei” meant “a semi”;
(5) In page 3 para 4, in addition to asking the Defendant to masturbate him, X also asked the Defendant to perform oral sex on him. PW3 stated that she does not remember.
PW4
59. Dr Mok Tsz-Ngai (PW4) performed the forensic medical examination on the Defendant at 11:30 pm on 3 February 2024. He also prepared the Forensic Medical Report [D1].
60. In the report, PW4’s medical findings were:
“Findings:
(a) The subject was a medium-built adult, 171 cm in height and 64.0 kg in weight.
(b) She was calm and cooperative with coherent speech.
(c) Two reddish bruises, 2 cm, X 1 cm and 6 cm X 2 cm, on right and left of front of neck respectively.
(d) Private parts:
(1) No recent external injury.
(2) Hymen was annular in shape, dilatable with fleshy hymenal tissue showing a folded free margin. There was no injury.
(3) Speculum examination showed no identifiable injuries in the vaginal wall.
(4) Anus and perianal region: anal skin fold normal. Proctoscopic examination showed no injury on anal canal. Anal tone normal.
Remarks:
(i) During the examination, samples of vulva swabs, low vaginal swabs, high vaginal swabs, endocervical swabs, external anal swabs, internal anal swabs, fingernail scrapings, blood and urine were collected from the subject. These samples were handed over to WDPC at 00:39 hours on 2024-02-04.
(ii) Reddish bruises on front of neck were recent blunt force injuries, and could be inflicted by actions like forceful griping, sucking by lips and contusion by hard objects, inflicted within 1 to 2 days before forensic medical examination. Hence these could be inflicted within the time frame of the alleged incidence.
(iii) There was no recent injury on the private parts to indicate the occurrence of recent vaginal penetration. However, considering the size and nature of the vaginal opening, it could have allowed full penetration of an erected penis without leaving any injury or residual sign. There was no recent injury on the anus and perianal region to indicate the occurrence of recent anal penetration. However, considering the size and nature of the anal canal, it could have allowed full penetration of an erected penis without leaving any injury or residual sign. Therefore, whether sexual intercourse had taken place at the material time could neither be confirmed nor disproved by the medical findings alone.”
61. PW4 explained that remark (iii) means he found no injury on the Defendant’s vagina. The vagina is like a rubber band. It is elastic and can expand. A vagina would not necessarily suffer an injury even if penetrated by an erected adult penis or foreign object. The same principle applies to the anal canal. The physical examination alone can neither confirm nor disprove the alleged sexual intercourse.
62. PW4 explained that “blunt force” meant hitting with a hard object. “Sucking by lips” means sucking on top of the skin like marks left after ‘cupping” （拔火罐）. “Contusion by hard object” means pressing or hitting with hard object. He did not find any contusion (swelling) on the Defendant.
63. In the Forensic Medical Examination Notes, PW4 stated that the Defendant was a smoker and social drinker. She had asthma and was allergic to Ibuprofen, she was single and has had previous intercourse. The date of last consensual intercourse was 2 January 2024 with her partner and barrier contraception was used.
64. As for the description of the alleged rape incident, PW4 noted:
“In bathroom, M grabbed neck (strangulated neck and ribs) and pushed her to the bedroom. Hand tighted, then vaginal penetration, strangulate both hands pinned her down to bed. Victim tried to struggle and verbal resistant and she’d performed: victim bited the M. M asked her for oral sex. Victim plucked the M (not sure for evacuation). Two beers took.”
65. PW4 explained that he asked the Defendant what happened during the alleged rape. He underlined the words “grabbed neck” to remind himself to check the Defendant’s neck for injuries. The word “tighted” should read “tightened”. This means the male tightened his hands, the Defendant could not move her hand freely. PW4 explained the sentence “strangulate both hands pinned her down to bed” means the male grabbed the Defendant’s neck, pushed the Defendant, the male strangulated the Defendant and the Defendant could not move her hand freely. When he was asked to explain his understanding of the word “strangulate”, PW4 stated that he understood that the Defendant’s hands were tied up with something like a rope and her hands could not move freely. He used the word “strangulate” to describe restriction of movement to any part of the body.
66. PW4 was asked to explain what he understood to have happened in the night of the alleged rape. He asked to give evidence in Chinese. He explained that the Defendant was inside the bathroom. The male grabbed her by the neck and pushed her out to the bedroom. The Defendant’s hands were restricted. The male penetrated the Defendant’s vagina. At this time, the Defendant’s hands were tied. The Defendant struggled and resisted verbally. The male then performed oral sex on the Defendant. The Defendant bit and kicked the male. The Defendant was not sure if the male ejaculated. The Defendant drank two beers prior to the alleged rape. He agreed that the Defendant’s hands could have been restrained with hands. He denied that it was the male who bit the Defendant or that his notes were inaccurate. As stated in the last page of his notes, he found “patchy bruise (reddish) on both sides of neck.
The Defence Evidence
The Defendant
67. The Defendant was born in London in 2000 and is now 25 years old. She is an only child and lived in London with her mother. She had a post-graduate degree in event management and marketing. Before she left London, she worked 2 jobs at the same time. She was a receptionist at a gym and was also a creative assistant for an events company. She was earning £1,600 per month at the events company and about £1,600 per month at the gym, depending on the hours.
68. The Defendant suffered from osteoarthritis, asthma and was allergic to Ibuprofen. The osteoarthritis affected the majority of her joints, including her knees, hips and back. She is currently not on medication for her osteoarthritis but she carries an inhaler and an EpiPen for her Ibuprofen allergy.
69. The Defendant left London in October 2023 to go travelling. When she left London, she ceased working for the gym but the events company offered a remote job. She had saved up some money and still had income from the remote job from the events company.
70. The Defendant first went to Vietnam where she taught English as a voluntary Programme. She was not paid but she received free bed and board in exchange for teaching English. Thereafter she travelled to Thailand. That was where she met X. They were on a boat together and started chatting about music and travel. She also discovered that they both had connections to Trinidad and Tobago. She exchanged contact information with X. At first they communicated on Instagram but later changed to WhatsApp.
71. The Defendant admitted that she met X again on Lamai Beach but denied that they ever kissed. There were multiple restaurants along the beach and a few bars, so Lamai Beach was fairly busy and many people around throughout the night.
72. The Defendant and X maintained communications on WhatsApp after the meeting on Lamai Beach. X offered several times for the Defendant to come to Hong Kong. Since she was travelling in Asia, she thought a visit to Hong Kong would be nice. Subsequently, the Defendant agreed to come to Hong Kong. She explained that she had developed a friendship with X in Thailand. She described it as “more of a friendship than a relationship”. From her perspective, there was no romantic relationship between her and X.
73. The Defendant admitted that in P3A(487), she wrote “Love a husband like you”. She explained that she was referring to X’s adventurous lifestyle and not X specifically as a husband. It does not mean that she was romantically interested in X. She mentioned “adventurous lifestyle” again in the following message and the 2 messages should be read together.
74. At P3A(648), the Defendant asked if X had 1 bed. She wanted to know if he lived in a one bedroom flat. She was slightly concerned about accommodation especially after she found out that there was only one bed in X’s flat. She wanted to book her own accommodation. That was why she said “But I was freaking out about accommodation and maybe thinking I should book somewhere as back up at P3A(657). X told her that booking her own accommodation would be very expensive and asked her to stay with him. In the end, she did not make a reservation at any hotel. However, she told X that she was a “slow burn”, meaning she was slow to intimacy [P3A(660)]. She also told X “My ex boyfriend I didn’t sleep with him for 4 months I’ve also been celibate” [P3A(661)]. X assured that the Defendant that there were no obligations to do anything, it would just be nice and fun to show the Defendant around. He only wanted to spend time with the Defendant to see how they got along [P3A(664-667)]. The Defendant felt assured by X’s messages.
75. The Defendant took a flight from Goa via New Delhi to Hong Kong. She arrived on 31 January 2024. X met her at the Pret A Manger in IFC and took the Defendant to his flat. X also gave the Defendant a key card. X went back to work. The Defendant went out, ate at a restaurant and took a nap in X’s flat. X came home after work to take the Defendant to the races. Before they left for Happy Valley, they had a discussion about sleeping arrangements. They agreed that the Defendant would sleep near the window and X would sleep on the end of the bed, “the end side”. Although she agreed to share a bed with X, she still had no romantic interest in X. At this stage, it was still a friendship but there was room for growth, to develop romantically.
76. The Defendant and X went to the races in Happy Valley and had 2 beers each. There was no kissing or other public displays of affection at the races. After the races, they took an Uber to the mid-levels and stopped at a McDonald’s to buy some food. The Defendant ate her burger after returning to X’s flat and had a cigarette on the balcony. The Defendant then went to the bathroom to change into her pyjamas, which was just a T shirt and knee length over sized boy shorts. She was not wearing a bra.
77. The Defendant came out of the bathroom after about 10 minutes. She went into the bedroom, intending to charge her telephone with the charger on the cabinet. The cabinet was on the side of the bed near the window. She drew a plan of X’s flat which was produced as D4. When the Defendant stepped out of the bathroom, X was standing on her right hand side. X grabbed her neck and forcefully pushed her onto the bed. He started grabbing her neck with his right hand. The Defendant fell onto the bed, facing upwards. X took the Defendant’s shorts and pants off as he was pinning the Defendant on the bed and opening the Defendant’s legs with his knees. X used his left hand to get a condom and put it on. During this time, X used his right hand to control both of the Defendant’s hands on the Defendant’s chest near her neck; he used his legs to pin down and keep the Defendant’s legs open. X then put his penis into the Defendant’s vagina and thrusted 2 to 3 times. The Defendant kept saying “no” and struggled quite a lot. X then flipped the Defendant over. The Defendant believed that X then took the condom off before putting his penis into the Defendant’s anus. X whispered in the Defendant’s ear and bit her. He said “let me fuck you. I know you do not want this, let me fuck you, let me fuck you”. X continued to penetrate the Defendant. The Defendant managed to swing forward into the corner of the bed and curl up into a ball. X then came towards the Defendant’s vagina and said “let me lick you out”. At this point, quite a few things happened. The Defendant screamed “I haven’t shaved” and kicked X off of her. She mentioned that she had not shaved because she wanted to get the Defendant off of her. She said that was her “best chance to shout and to use her voice properly”. However, X came towards the Defendant again, masturbated in her face as he said “come on, come on, suck my dick, suck my dick”. The Defendant kept on saying “no” when she could. After she refused to perform oral sex on X, X said “OK, let’s just go to sleep then”.
78. When the alleged rape was over, the Defendant was in a foetal position in the corner of the bed near the window. X put on his boxers and got into bed. He kept on moving his arm to check if the Defendant was still in bed but X eventually fell asleep. The Defendant remained in a foetal position in the corner of the bed but did not sleep or put her shorts or pants back on. She started looking for her telephone under the pillows but could not find it. She was also coughing quite a lot. She put her shorts and pants on and went out to the sitting room. The Defendant vomited in the bathroom from shock of the alleged rape. She then went back to the bed because she did not want to wake X up with her cough. She also looked for her telephone on the floor, in the bed and under the pillows but in vain. Although she remained in the bed, she did not sleep at all. She was very scared, she remained in the corner of the bed shaking and might have drifted in and out of consciousness.
79. X snoozed his alarm several times when it went off in the morning. The Defendant urged him to go to work and X eventually got up. X walked towards the bathroom but then returned to the Defendant’s side of the bed and touched her inner thighs. The Defendant moved away from X. X then continued to get ready for work whilst the Defendant remained in a foetal position in the corner of the bed. The Defendant stated that X only said “Good morning” to her. There was no other conversation, especially about the Defendant’s cough.
80. The Defendant found her telephone between the pillows after X went to work. The Defendant remained in bed, crying and shaking. Subsequently, the Defendant got out of bed and showered. At about midday, X and the Defendant started messaging each other again. X told the Defendant that he was very busy at work and had to work late. He suggested that the Defendant met up with her friend for dinner [P3A(1325-1328)]. The Defendant told X that she had to “catch up on sleep after last night” because she not not slept at all after the alleged rape. She then asked X “Are you annoyed I didn’t wanna have sex” because X had raped her the previous night [P3A(1341)]. In this exchange, X said “was impressed by your restraint” [P3A(1344)]. The Defendant stated that she was shocked by this response after what actually happened. X then said “interesting that you don’t give head though”. This meant that the Defendant did not perform oral sex on X. There was then a discussion as to why the Defendant did not like to perform oral sex, her bisexuality, her past sexual experiences, foot massages. The Defendant explained that she was only entertaining X’s sexual conversation to “keep him sweet”. She mentioned that she liked being in control and hated pressure, so as to let X know that she did not like forceful situations. The message “… I don’t wanna have sex” meant she did not want to have sex the previous night [P3A(1354-1402)].
81. This was followed by a conversation about Cheung Chau and a visit to a random museum [P3A(1408-1427)]. The Defendant explained that she needed to get out of X’s flat and she felt that any open space would be safe. She chose a museum because it was closest to X’s flat. The bottom screenshot in P5 page 2 showed her walking along the corridor outside X’s flat. She was on her way to the museum. She was not really thinking and left her suitcase in X’s flat. She only had her waist bag which contained all her important things inside.
82. At 16:01:23 [P3(1433)], the Defendant told X that she may book herself into a hotel if she coughed all night that night. By that time, she had come out of shock. She blamed the cough because she was not yet safe, her things were still in X’s flat and she did not want X to know the reason for leaving X’s flat.
83. At 16:02:40 [P3A(1441)], the Defendant told X that she did not want to spend money on a hotel but she felt really uncomfortable. She was still very scared and did not want to talk to X about the alleged rape before she was completely safe and away from X. At 16:20:09 [P3A(1459)], she apologized to X for not wanting to have sex. She explained that she was very scared and felt unsafe. She did not want to tell X directly that he had raped her.
84. At about 5 pm on 1 February 2024, the Defendant told her mother about the alleged rape and her mother booked the Defendant into a hotel. Her mother was working on a retreat in Goa and the Defendant did not want to tell her about the alleged rape by text. She only told her mother when her mother called her at about 5 pm.
85. The Defendant then asked X when he would finish work [P3A(1465-1467)]. She wanted to see if there was a window for her to go to the flat safely to retrieve her belongings. She went back to X’s flat at 17:51 and left with her luggage at 17:56. During the 5 minutes inside the flat, the Defendant was speaking to her mother on the telephone.
86. After she left X’s flat, the Defendant asked X if her flights could be changed because she wanted to leave Hong Kong as soon as possible [P3A(1468-1480)]. The Defendant could not stop crying. She went to a bar in Wyndham Street called “The Mansion”. The walk to this bar took about 15 to 30 minutes. The Defendant went inside “The Mansion” and sat down. She was on the telephone with her friend; she could not stop crying and was shaking. She had two beers and the bartender, Mr Sandip Singh asked the Defendant a couple of times if she was “OK” and if he could help in any way. The Defendant told the bartender that she was fine and continued to drink her beer and smoke cigarettes.
87. The Defendant was also messaging X at “The Mansion”. She told X that she was no longer comfortable staying with him; he had violated her, meaning that X had raped her the previous night [P3A(1476-1481)]. She denied that X had made any jokes at any time. She thought that X had acknowledged raping her and he apologized in his replies [P3A(1482-1483)]. She felt like X knew what he had done and that was why he offered to pay for her hotel and earlier flights to Goa. The Defendant then lodged rape outright “I’ve just had to spend so much money on the hotel and you’ve literally just fucked me … you basically raped me” [P3A(1484-1487)].
88. The Defendant left “The Mansion” at about 7:30 pm and went to have dinner with an old school friend. At about 9:30 pm, she went to Hotel 118 in Causeway Bay that her mother had booked for her. When she got into the hotel room, the Defendant realized that she had left her First Aid kit at X’s flat. She texted X to ask for its return [P3A(1490)]. After that, there was a 2-minute voice call to X. They spoke about the Defendant’s First Aid kit. X kept apologizing and asked if there was anything he could do to “fix it”. He offered to pay for the Defendant’s hotel, medical expenses, the expenses for her stay in Hong Kong. X then offered to send the Defendant £2,000, £5,000 or more to cover those expenses. The Defendant did not accept X’s offer of money. She only wanted her First Aid kit to be returned. She told X where the kit was and where to leave it. X eventually left the kit at the reception that night, instead of the following morning [P3A(1492-1493)]. The Defendant went to X’s building to collect the kit at 22:20:40 - 22-21:08 hours. At the same time, the Defendant was talking to her mother on the telephone because she was scared that she might see X. After she got the kit, the Defendant ran out of the building to the taxi waiting outside.
89. On 2 February 2024, the Defendant sent a message to X, asking him to send her the money that he owed her together with her bank details. She sent this message because X had offered to pay her compensation for the rape. When she woke up, she was in a lot of pain and was covered in bruises. She told X to think very carefully about the amount and mentioned £5,000 and £10,000 because they had discussed compensation the night before [P3A(1497-1504)].
90. Eventually, the Defendant stated at P3A(1525) “you’ve given 10% of what I’M owed, 100% of my soul gone. We will speak this evening, no value on what you’ve done”. The Defendant explained that she wanted X to know that he had taken 100% of her soul and no amount or gift could “fix it”. She said this because she had not yet received the full £10,000 and wanted X to “figure out” the amount. The 10% was “in reference to the 2 sets of £5,000 that she had not received yet”.
91. The Defendant admitted that there were 4 disappearing messages [P3A(1537), (1539), (1540) and (1543)]. She explained that in those messages, she basically accused X was a rapist, X’s mother would not want a son who was a rapist, his mother raised X as a rapist, X’s mother was arriving in 2 days and would have to face the fact that X was a rapist.
92. The Defendant’s mother arrived in Hong Kong at around midday on 3 February 2024. She met her mother at her hotel and they made arrangements to go to the Ruttonjee Hospital to “report a rape”. Initially another police team dealt with the Defendant’s report. They sent 2 police officers and a social worker to investigate from the Defendant. After that, the police officers discovered that the case was not in their district and handed the Defendant to another 2 police officers, who drove the Defendant around to various locations related to the rape. These police officers also said the case did not belong to their district and the case was finally referred to the Central police station, where PW3 asked her some questions. The Defendant then attended the Forensic Medical examination with PW4. She never told PW4 that she bit X. To the contrary, she said X bit her.
93. The Defendant was interviewed by PW3 after the Forensic Medical examination. She signed under the declaration and at the end of each page of her witness statement [P6].
94. The following parts of the witness statement were inaccurate:
(1) The sentence at para 4 “He then used his hand to control my two hands on my back when I was facing upward” is incorrect. She in fact said “He then used his hand to control my two hands on my chest when I was facing upwards”;
(2) The word “asmei” should read “a semi”;
(3) The sentence at page 3, the 2nd para 5 is incomplete. The Defendant was trying to say that she went to a bar to bring herself together as she did not want her friend who she had not seen in a while to see her in that state, as they had arranged to have dinner in Times Square;
(4) In para 6, she told her mother about the rape on 1 February and not 2 February as stated in the witness statement;
(5) In para 8, she did not say “Actually, [X] borrowed me 500 pounds in Thailand and didn’t repay me until 2024-02-02”. She said “X offered to send me or lend me 500 pounds in cash in exchange for an online transfer but I didn’t receive any money from him at that stage”;
(6) The Defendant told PW3 that X asked the Defendant to perform oral sex on him but it was not recorded by PW3. She said that X asked for oral sex by saying “come on, come in, suck my dick, suck my dick” as he masturbated himself.
95. The Defendant signed her witness statement despite the mistakes and / or inaccuracies because she was told that this was not the official statement and that she would be able to make amendments after signing it. She was told that the official witness statement would be in the form of a video recorded interview. There was a big language barrier between the Defendant and PW3 and they had to resort to google translate on occasions. During the interview, PW3 told the Defendant about X’s arrest which made her feel uncomfortable about being in the same building as X. She was worried about bumping into X. She was also shown pictures of different things in X’s flat during the interview. She started reporting the rape at around 3 pm. PW3 was already the third set of police officers that she spoke to that day. She was tired towards the end of the interview.
96. The Defendant took a video of her injuries at about 8 pm on 2 February 2024. That video was produced as D3. Pages 1, 2, 4 are screen shots from this video. Page 3 is a screenshot from another video taken by the Defendant. The screenshots were produced as D2. She was trying to film the bruises on her chest and neck.
97. After her arrest, the Defendant has been staying in Hong Kong with her mother. Her accommodation costs HK$47,000 per month.
DW1
98. Mr Sandeep Singh (DW1) is Indonesian. He came to Hong Kong in April 2011 and is a permanent resident here. He has a degree in Engineering. In February 2024, he was the bar manager of “The Mansion” bar in 75-77 Wyndham Street, Central.
99. On 1 February 2024, he was on duty at “The Mansion”. He started his shift at 4 pm that day and saw he saw the Defendant walk into the bar alone with a suitcase. The Defendant asked to smoke inside the bar. DW1 refused and took her to the sofa near the balcony where she could smoke and took her drinks order. The Defendant asked for a glass of beer. When DW1 brought the beer to the Defendant, he saw that the Defendant was crying and shaking. He left the beer on the table and left the Defendant alone.
100. The music in the bar was on but DW1 saw that the Defendant was using headphones. He thought that was a bit odd. He also thought that the Defendant looked abnormal. DW1 tried to start a conversation with the Defendant. He said “How you doing?”. The Defendant answered “I’m fine”. He then realized that the Defendant’s eyes were watery and he did not want the Defendant to be uncomfortable. He therefore decided to give the Defendant some space.
101. DW1 recalled it was 1 February 2024 because the bar’s DJ asked for payment on the same day. DW1 paid the DJ by bank transfer at 7:24 pm on the same day. A copy of the bank transfer was produced as D5.
102. DW1 produced a photograph of the sofa where the Defendant sat on that day as D6-1. This photograph was taken by DW1 on 17 January 2024. The sofa where the Defendant sat was circled in yellow. DW1 produced this photograph because the sofa was in this location when he saw the Defendant. The furniture was subsequently changed to a high table. A copy of the same location after the change of furniture was produced as D6-2. This photograph was taken on 7 February 2024 from a different angle.
Analysis of the Evidence
Principles
103. This is a criminal Court. The onus is on the prosecution to prove each and every element of the offences beyond any reasonable doubt. If there were any reasonable doubt, the benefit of that doubt goes to the Defendant.
104. The Defendant has a clear record. I remind myself that she is more likely to tell the truth and less likely to commit an offence.
The Prosecution’s Evidence
PW1
Charge 2
Whether there was any romantic connection between X and the Defendant
105. Counsel submitted that X’s evidence that he had a romantic connection with the Defendant prior to the alleged rape should not be believed. Counsel pointed out that the CCTV footages [P4B] showed the Defendant and X returning to X’s flat on 31 January 2024. In that footage, there were no displays of affection.
106. I disagree with that analysis. X was asked about the lack of public displays of affection under cross examination. He explained that he was rather reserved in nature; he was a very private person who was not in the habit of making public displays of affection.
107. Firstly, it was never the Prosecution’s case nor X’s evidence that X and the Defendant were already in a romantic relationship. It was X’s evidence that he and the Defendant had one kiss on the beach. He had a romantic interest in the Defendant. He felt that the Defendant felt the same way about him. He wanted to spend more time with the Defendant to see if they could be in a romantic relationship.
108. One kiss does not mean X and the Defendant were already in a romantic relationship. The CCTV footages of X and the Defendant together was on the first day of the Defendant’s arrival in Hong Kong and they had not seen each other for weeks. In those circumstances, it is wholly reasonable that there was no public displays of affection.
109. The assertion that there was only a platonic relationship between X and the Defendant is wholly inconsistent with undisputed evidence. In their WhatsApp exchanges, the Defendant gave clear indications that she was also interested in a romantic relationship with X:
(1) After their meeting on the boat, it was the Defendant who first contacted X. She was already addressing X as “my loveeee [P3A(1)];
(2) It was the Defendant who asked to meet up again. She asked if X had eaten. When he said that he had already had lunch, the Defendant suggested having dinner together [P3A(4-23)];
(3) X told the Defendant that he was on the beach with a friend. It was the Defendant who suggested going over to see X [P3A(12-27)];
(4) The Defendant changed her travel plans, extended her stay in Koh Samui and even moved to a hotel close to X after meeting X [P3A(66-112)];
(5) Not only did the Defendant persistently ask to go to Bangkok to spend New Year’s Eve with X [P3A(81-166), (208-237)], tell X that she had a really nice dress for the evening [P3A(152)], ask to go to a nice restaurant [P3A(188-193)], she even planned to stay with X in X’s hotel room [P3A(164-170), (218-237)];
(6) Originally the Defendant agreed to meet X at his hotel beach at 12 noon on 29 December 2023 [P3A(83-86)]. She subsequently said that she wanted to stay in her hotel to “chill” but asked X to go to an Italian restaurant near her for dinner [P3A(81-181)] . Then the Defendant said that she would prefer to stay in her hotel [P3A(184-189)], X was fine with cancelling the meeting. However, when X asked the Defendant about her plans for the evening, she suggested “a cuddle” and asked X to message her after his dinner [P3A(195-201)];
(7) X did not contact the Defendant after 5 January 2024. Not only did the Defendant initiate contact again, she called him “my love” [P3A(264)];
(8) X never talked about inviting the Defendant to Hong Kong after they revived contact on 10 January 2024. It was the Defendant who first mentioned the idea of going to Hong Kong [P3C(4)]. It was also the Defendant who asked X to pay for her flight to Hong Kong [P3A(280)];
(9) X did not contact the Defendant again after 14 January 2024. However, the Defendant texted X to ask about her trip to Hong Kong and asked X to treat her [P3A(450-481)];
(10) Counsel argued that in P3A(487), the Defendant told X that she would “Love a husband like you”. She explained under cross-examination that she was only referring to X’s adventurous lifestyle but that does not mean that she wanted X as a husband. Counsel submitted that this explanation was reasonable and was supported by P3A(488) where the Defendant mentioned an adventurous lifestyle. It was submitted that P3A(487) does not suggest that there was any romantic attraction between the Defendant and X. I disagree. X’s diary was basically full until he returns to London. It was the Defendant who persisted in the discussion about her trip to Hong Kong [P3A(462) - (525)]. She even offered to travel with X [P3A(482) - (522)] and told X that she would “love a husband like you” [P3A(487)]. The Defendant’s explanation of this answer is wholly unreasonable. Even if she admired X’s lifestyle, there was no need to mention “husband” like X. She even followed up with the answer “it’s very attractive” [P3A(492)];
(11) On 17 January 2024, the Defendant stated that she would visit X in Hong Kong in March 2024. X did not contact the Defendant again. On 22 January 2024, the Defendant initiated contact with X again and called him “babe” [P3A(525)];
(12) Throughout the WhatsApp messages, it was only the Defendant who kept sending X kisses (i.e. “x” or “X”) and hearts;
(13) The Defendant stated that Hong Kong was expensive and she was financially unprepared. X said “sugar daddy here we come” and the Defendant asked if X meant himself [P3A(545-551)]. A “sugar daddy” is generally understood as a rich older man who lavishes gifts on a young woman or man in return for their company or sexual favours;
(14) Counsel argued that after messages P3A(648-661) and at P3A(664-667), X assured the Defendant that he expected nothing from the Defendant. During examination in chief, the Defendant explained that she felt assured by X’s answer in such messages. Hence, such messages show that even if the Defendant and X eventually decided to sleep on the same bed, this does not mean that there was a romantic relationship between the two of them. Prior to sleeping on the same bed, the Defendant already laid down boundaries that there will not be any sexual behaviour. This was consistent with her account that she was only friends with X. X never mentioned anything romantic or sexual in his messages. It was the Defendant who suddenly stated that she was a “slow burn” [P3A(575), (660)]. If there had been nothing romantic between them, there would be no “burn”, slow or otherwise. Not only did the Defendant say that she was a “slow burn”, she mentioned that she did not sleep with her former boyfriend for the first 4 months [P3A(661)]. It was clear from the conversation that followed that they were talking about sexual expectations with each other during the Defendant’s visit to Hong Kong [P3A(661-668)]. If the relationship was purely platonic, there would be no reason to discuss this;
(15) X said that the Defendant was a woman after his own heart and the Defendant replied “maybe” [P3A(692-697)];
(16) On her way to the airport, the Defendant called X “darlinggg” [P3A(1117)];
(17) Not only did the Defendant agree to stay in X’s flat during her stay in Hong Kong, she slept on the same bed with X. Counsel argued that at P3A(648-661), the Defendant showed concern that X’s flat only had 1 bed and she expressed her desire in booking her own accommodation. Counsel further stated that the Defendant also expressly told X that she was a slow burn, ie that she would be slow to intimacy, and how she has been celibate for 4 months in order to make sure that X would not expect anything sexual or intimate between them during the Defendant’s time in Hong Kong. Firstly, counsel is only selectively repeating part of the Defendant’s message at P3A(657).The Defendant only mentioned booking a hotel “as a back up”. In other words, the Defendant was happy to stay in X’s flat after finding out that there was only 1 bed. The hotel booking was only a back up. Secondly, the Defendant had previously agreed to stay with X in X’s hotel room in their discussions about Bangkok. Further, as stated above, there was no need to mention “slow burn” or the Defendant’s alleged celibacy if the relationship between the Defendant and X was purely platonic;
(18) Counsel pointed out that at P3A(1095-1100), the Defendant asked X for a photo of his passport to make sure that her mother knew where she was and who she would be staying with. This showed that the Defendant was still taking precautions in relation to X, indicating that they were not yet that close. As was pointed out above, it was never the Prosecution’s case or X’s evidence that he was very close to the Defendant.
110. X’s explanation that he was rather reserved in nature is wholly consistent with the WhatsApp exchanges between him and the Defendant. Although X admitted that he was interested in pursuing a romantic relationship with the Defendant, he never initiated any conversation about romance or sex in the WhatsApp exchanges. There were sexual conversations after the Defendant arrived in Hong Kong but they were all initiated by the Defendant.
111. Counsel submitted that even if it were accepted that X was a very private person who was not in a habit of making public displays of affection, the Defendant’s character may be different. There was also no public displays of affection from the Defendant.
112. Although the Defendant appeared to be happy to talk about her past sexual experiences in the WhatsApp messages, there was simply no evidence that she was in the habit of making public displays of affection. Counsel’s submission is sheer speculation.
113. X explained that he had invited the Defendant to visit Hong Kong because he was interested “to see how things would go romantically”. Counsel argued that if X and the Defendant had kissed in Thailand, he would already know that there was mutual attraction. She submitted that X’s contention that there was a kiss ran contrary to the notion that he was interested in “seeing how things would go romantically”. This submission is absurd. A single kiss does not make X and the Defendant a couple.
Whether X’s denial of rape is consistent with the WhatsApp messages
114. Counsel submitted that the WhatsApp messages between X and the Defendant established a reasonable doubt as to whether X’s account was true. Counsel relied on the messages in P3A(1441-1444).
115. Firstly, that submission is based on a selective choice of messages and ignoring relevant prior messages. Contrary to those submissions, it was evident from the earlier WhatsApp messages that no penetrative sexual intercourse occurred:
(1) The messages between X and the Defendant after the alleged rape started at 12:03:41 on 1 February 2024. The messages started with X asking the Defendant about her day and telling the Defendant that he had to work late. Since he could not be home until late, he suggested that the Defendant could meet up with her friend for dinner [P3A(1324-1340)].
(2) In P3A(1341), the Defendant asked X “are you annoyed I didn’t wanna have sex”. If X had raped and sodomized the Defendant, he had already got what he wanted and there was no reason for him to be annoyed;
(3) X answered with laughing emojis and said “what no of course not Was impressed by your restraint … Mildly frustrating but nothing more than that” [P3A(1342-1353)].
(4) Contrary to what is alleged by the Defendant, the only and irrefutable inference from this exchange is that there was intimacy between X and the Defendant but stopped short of penetrative sex when the Defendant stated that she did not want to have sex;
(5) This was followed by a discussion of the Defendant’s bisexuality, sexual preferences, the Defendant’s past sexual experiences, X and the Defendant’s sexual fantasies and the activities they will do together for the rest of the week [P3A1350-1397)]. The Defendant then offered X a foot massage and said “I’m a slow burn. Idk until I get more time with people and feel really relaxed and comfortable”. X asked about the Defendant’s deepest fantasy so that he can arouse her that evening when he came back from work. He offered to write a story that he thought the Defendant would enjoy, “but not if you think it’s going to make you feel pressured in anyway”. The Defendant then mentioned again that she did not think she was ready and that she did not want to have sex [P3A(1401-1404)] . X replied that that was fine and said “I have zero interest in anything you don’t want to do … I’ll just sit back and let you take the lead” [P3A(1405-1407)]. The Defendant never contradicted X’s statement. It was also extraordinary for the Defendant to discuss this with X if X had raped her;
(6) The Defendant suddenly raised the idea of “booking herself into a hotel” that evening because she did not want to wake X up with her coughing all night. She also said “Trust me I don’t wanna spend money on that but I felt really uncomfortable” [P3A(1433-1434)]. The messages in P3A(1441-1444) only arose from this discussion and in the context of the Defendant’s cough. X asked the Defendant “Oh I’m sorry about that, is there something I’m doing to make you feel uncomfortable or it’s the coughing?”. The Defendant replied “No no not you tbh. I enjoyed our night maybe not the sex part as much as I’m not ready but mainly just my coughing”, to which X replied “Sorry I shouldn’t have rushed you … I’d prefer you stay with me, will be much nicer / easier and also way cheaper, but I’m not going to force you to if you’re adamant that you wanna stay somewhere else”.
(7) Counsel omitted to mention that the Defendant apologized for not wanting to have sex at P3A(1459). If she had been raped and/or sodomized, there was absolutely no need to apologize;
(8) It was only at P3A(1481), the Defendant suddenly alleged that X had violated her and that she did not want to have sex. This was followed by her allegations of rape. This was a volte-face from her previous stance and her apology for not wanting to have sex.
116. Counsel pointed out that it was X’s evidence that the Defendant never expressed that she was uncomfortable or unwilling during the intimate acts between them. X also stated that he had expressly asked for the Defendant’s consent. If X’s assertions were true, X would not have apologized for rushing the Defendant. Counsel argued that messages P3A(1441-1444) cast a reasonable doubt on X’s version of events.
117. Firstly, X never stated that he had asked the Defendant expressly for consent to perform the intimate acts. Secondly, X explained this exchange under cross-examination. He said that he thought that the Defendant regretted the oral sex that they had. He wanted to assure the Defendant that he was not in a rush and was happy to go at a pace that the Defendant was comfortable with. X’s explanation is consistent with the previous messages. I found his explanation reasonable.
118. Counsel then mentioned the messages at P3A(1477-1478). In P3A1477-1478, the Defendant said “I no longer feel comfortable that’s the truth”. X answered “Ah I’m sorry that you feel that way and I’m sure that my working a lot today hasn’t helped”.
119. In examination in chief, X explained these messages. He said that “I thought that this was because either things were moving too quickly or she just didn’t have the same romantic feelings that I had and I didn’t know if me having to work so late the day after gave an impression that I wasn’t interested in her. So that’s the context around those 3 messages”.
120. Counsel submitted that X’s explanation was nonsensical; he could not have believed that the Defendant felt that things were moving too quickly or did not share the same romantic feelings if:
(1) the Defendant and X shared a romantic attraction prior to the rape; and
(2) the Defendant and X shared passionate kissing, caresses and consensual oral sex the previous night.
121. Counsel further pointed out that X had already told the Defendant that he would have to work during her trip and the Defendant expressed her understanding [P3A(719-718)]. There was no reason why X would think that his work would give the Defendant an impression that he was not interested in her.
122. Counsel submitted that messages P3A(1477-1478) demonstrate that there was a reasonable doubt as to:
(1) Whether there was indeed romantic attraction between X and the Defendant prior to the alleged rape;
(2) Whether X’s account of consensual intimate acts was true; and
(3) Whether during that night, X has done things that made the Defendant uncomfortable, e.g. by raping her.
123. I found no merit in those submissions. As explained above, in the WhatsApp messages, the Defendant gave every indication that she was romantically interested in X prior to her arrival in Hong Kong. I will not repeat them here.
124. Counsel’s submission completely ignores the Defendant’s explanation that she was uncomfortable staying in X’s flat because she was coughing all night and had nothing to do with what X has done [P3A(1432-1443)]. In fact, the Defendant said at P3A(1445) that “No it’s fine honestly don’t stress. I’m gonna stay with you I just don’t wanna cough all night and then feel bad” [P3A(1445)]. The Defendant then apologized for not wanting to have sex. X replied “Oh there’s no need to apologize for that!!”.
125. X’s account of the consensual intimate acts was consistent with the messages prior to the Defendant making the rape allegations.
126. When the Defendant stated that she may want to move to a hotel, X’s answers were consistent with his belief that his work schedule may be part of the reason. The Defendant started this part of the conversation by asking when X would finish work. X told her that it would be around 10 pm. The Defendant then suddenly asked if her flights could be changed and alleged that “I no longer feel comfortable” [P3A(1565-1477)]. X’s answers at P3A(1478-1479)] that “Ah I’m sorry that you feel that way and I’m sure that my working a lot today hasn’t … I’ll try and finish up here as quickly as possible, and then we can discuss everything later this evening with regards to what you want to do make you feel more comfortable, if that means leaving earlier than of course that’s …”. X’s explanation in Court is wholly consistent with those messages.
127. According to X, he and the Defendant had only one kiss on the beach. There was no reason why the Defendant would be concerned about X’s work schedule during the Defendant’s stay in Hong Kong. However, if X and the Defendant had been intimate in the early hours of 1 February 2024 and X was proposing to work until 10 pm, the Defendant may feel that X was treating her as a casual sex partner.
128. It is not uncommon for people to engage in consensual intimate or sexual acts but regret such acts after the event. This is the case especially when the parties engaged in intimacy after consuming alcohol. The Defendant admitted that she had 2 beers at the races in Happy Valley. There is nothing nonsensical about about X’s answers.
129. Next, Counsel referred to the messages in P3A(1481-1483). It was at this stage that the Defendant suddenly alleged that X had “violated” her. X replied ‘I’m really deeply sorry, I was slightly drunk and I misread your signals, it’s no excuse and I know it doesn’t make it any better … I hate that that happened, so please let me know what you’d like to do next - I can sleep on the sofa, I can get you a hotel room or look into getting you a flight back to Goa sooner”.
130. Counsel argued that if the intimacy were consensual, “X would surely have denied the allegation of violation … Instead, X apologized and accepted responsibility …”
131. In his evidence, X explained:
(1) He read the message at P3A(1481) in two parts: “you violated me” meant that after a few drinks in Happy Valley, he might have violated the Defendant “emotionally” by something he said or joke he had made, which touched on the Defendant’s insecurities. He was confused by the latter part of the Defendant’s statement that she did not want to have sex. He therefore only concentrated on answering the first part;
(2) At the time, X still wanted to pursue a romantic relationship with the Defendant. He therefore apologized to the Defendant in an attempt to placate her;
(3) As for P3A(1483), X explained that he was deliberately vague. He did not know exactly what the Defendant was referring to and wanted to let the Defendant know that he was fine with whatever she wanted to do.
(4) Earlier that day, the Defendant said that she wanted to move into a hotel because of her cough. He was not sure what he had said that offended the Defendant. He therefore offered solutions and was deliberately vague.
132. Counsel submitted that X’s explanation was unbelievable:
(1) It was clear from a plain reading of the message at P3A(1481) as related to sex. It was unbelievable and absurd for X to suggest that the message could be read in two parts or to interpret the violation as “emotional violation”;
(2) Under cross-examination, X stated that he could not explicitly remember what bad joke could have offended the Defendant. However, in re-examination, he suggested that the Defendant might have been offended when he lost a bet and said that “maybe you will not be interested in me now”;
(3) From a plain reading of the message at P3A(1481), the Defendant was alleging that she had been violated by X; the violation was clearly related to sex. That message clearly referred to a sexual violation. If the Defendant and X had engaged in consensual intimate acts, it would be absurd and incredible for X to apologize. He should have sought clarification or categorically denied the allegation;
(4) The joke mentioned by X was “benign” and not even mildly offensive. It was incredible that X would think that the Defendant was offended by it.
133. I do not agree with those submissions:
(1) The verb “to violate” is not equivalent to rape. X explained that in slang, the verb “to violate” is often used to describe offending someone verbally or emotionally. The verb could also mean to disrespect someone. This was never challenged;
(2) X stated that he was confused by the Defendant’s message about violation. As pointed out above, the Defendant gave every indication that she was romantically interested in X prior to her arrival in Hong Kong. The Defendant’s behaviour and messages both prior to and after the alleged rape was wholly inconsistent with rape :
(a) The Defendant alleged that she was raped and sodomized by X in the early hours of 1 February 2024. This is wholly inconsistent with her WhatsApp exchanges with X later on that day;
(b) The Defendant alleged that X raped and sodomized her in the early hours of 1 February 2024 and there was a sofa in the sitting room, the Defendant continued to lie in the same bed as X throughout the night;
(c) X had to go to work on 1 February 2024. He left the flat shortly after 9 am. At 12:03:41, X sent a message to say that he hoped the Defendant was having a good day. He told her that he had a lot of work to do and suggested that the Defendant met up with her friend for dinner. The Defendant told him that she had to “catch up on sleep after last night” and that she had “literally just been chilling”. X told her to sleep all day if she liked and she said she hoped X would not mind [P3A(1325-1332)];
(d) Although the Defendant alleged that she felt unsafe in the flat, she did not leave X’s flat (although X could come back to the flat at any time) nor did she ask for help;
(e) The Defendant initiated discussions about sexual experiences, preferences and fantasies. There was discussion about activities they would do together for the rest of the week. It would be extraordinary for an alleged victim to have such discussions with her alleged rapist ;
(f) The Defendant started the exchange about sex by asking X “are you annoyed I didn’t wanna have sex” [P3A(1341)]. It is wholly incredible that a rape victim would ask her rapist this question. More importantly, if X had raped and sodomized the Defendant, he had already got what he wanted and there was no reason for X to be annoyed;
(g) When the Defendant asked if X was annoyed that the Defendant did not want to have sex, X replied “What no of course not … Was impressed by your restraint”. The Defendant then said “okay if you say so … Felt like you maybe were!”. X replied “Oh no, sorry that you felt that way! … Mildly frustrating but nothing more than that …”, to which the Defendant said “Ok” [P3A(1341-1349)]. It was more than evident from this exchange that no sex took place;
(h) X then commented “Interesting you don’t give head though”. The Defendant replied “Bad experiences. Not done it since I was 18 … won’t really do that until like marriage”. X replied “Oh, sorry to hear that” [P3A(1350-1353)]. It is extraordinary for an alleged rape victim to have a discussion about oral sex with her alleged rapist;
(i) This was followed by an exchange about the Defendant and X’s past sexual experiences, sexual preferences and sexual fantasies [P3A(1354-1407)]. Not only were they discussing sex, X was asking the Defendant what they should do to pleasure each other when X returned from work. Again, it is extraordinary for an alleged victim to have a discussion about sex with her alleged rapist;
(j) There is no dispute that the Defendant deleted some of the messages from the above exchange. She explained that she was embarrassed. Firstly, it is clear that it was the Defendant who initiated the discussions about sex. Secondly, the Defendant only deleted those messages after X had read and replied to them. Fortunately, X pressed “reply” to some of those messages and the “parent messages” were still retrievable. It is clear that the Defendant’s messages to X were of a sexual nature. It is also evident that those messages were deleted to give a distorted picture of the WhatsApp exchanges;
(k) The Defendant was thinking of going to Cheung Chau after the alleged rape. Her only concern was the cost of getting there [P3A(1408-1425)]. Subsequently, the Defendant decided to go to a “random museum”. She expressed excitement about “going on an adventure”;
(l) The Defendant was still planning to spend time with X on the coming Thursday and Friday despite the alleged rape and sodomy. She asked whether they could “half swap” their itinerary for those days [P3A(1416-1420)];
(m) This was followed by a discussion about the Defendant’s cough. The Defendant stated that she was not comfortable staying with X but repeatedly explained that her discomfort had nothing to do with X [P3A(1432-1458)].;
(n) The Defendant told X that she wanted to move to a hotel because of her cough and had nothing to do with X. She even apologized to X for not wanting to have sex;
(o) When X told the Defendant that he would not insist on the Defendant staying with him, the Defendant changed her stance and said that she would continue to stay with X [P3A(1444-1445)];
(p) The Defendant even stated that she enjoyed the night with X (but maybe not the sex part as much as she was not ready). When X apologized for “rushing” her, the Defendant said “No it’s fine honestly don’t stress” [P3A(1444-1445)]. At no time up to this point did the Defendant say that any sexual activity was against her will;
(q) The Defendant then reverted to talking about sex again and even apologized for not wanting to have sex. X told her there was no need to apologize [P3A(1469-1461)]. If X had raped and sodomized her, there was absolutely no reason for the Defendant to apologize;
(i) The Defendant told X about her experience with her former girlfriend. Although some of the messages were deleted by the Defendant, X had replied to some of those messages and they could still be seen. It was clear that the Defendant told X that her former girlfriend liked foot massages involving causing pain, but led to something erotic afterwards. X stated that he did not like anything involving pain. The Defendant then offered to give X a foot massage when he came home from work;
(ii) The Defendant stated that she texted with X because she felt unsafe in X’s flat. She entertained X’s discussions about sex to “Keep him sweet”. It is clear from the WhatsApp messages that the discussions about sex were initiated by the Defendant;
(iii) There is no dispute that the Defendant left the flat for the first time at 3:12 pm. However, she continued her WhatsApp exchanges consistently with X after she left the building at 3:12 pm. In the CCTV footages, she was seen to be strolling leisurely along the corridor and leaving the building [P5]. There was absolutely no indication of distress;
(iv) The Defendant left X’s flat for the first time at 3:12 pm. However, she did not take her belongings with her. Although she stated that she felt unsafe in X’s flat, she returned to the flat. She stayed in X’s flat until 17:56:18 before she finally left the flat;
(v) The Defendant clearly knew that she could report the matter to the police. There was no need for her to inform X of her allegations;
(vi) The WhatsApp exchanges on 1 February 2024 lasted for 7 hours before the Defendant made the allegation of “violation” and was a complete about turn of her previous attitude and behaviour;
(3) X could not remember explicitly what the “bad joke” may be. He only guessed that it may be related to money as he knew that the Defendant’s financial situation was very tight and it was one of her biggest insecurities. As explained above, it was wholly reasonable for X to be confused about the Defendant’s allegation. This was the only thing he could think of that may have offended the Defendant.
134. Counsel also referred to the messages at P3A(1484-1489). These were the messages where the Defendant actually alleged rape. The Defendant said “I’ve just had to spend so much money in a hotel and you’ve literally just fucked me. I can’t even believe … You basically raped me … and that’s not ok. I don’t know what your into but”. X replied “That’s not what I’m into at all and I feel sick”. The Defendant then repeated “You raped me”. X immediately tried to call the Defendant but the Defendant did not pick up. Later on, after X finished work, he texted the Defendant and said “Hello, I just got home from work and I’m feeling terrible. I would like to call you but understand if now is not the right time. I’ll be up for another 20 minutes also but then going to sleep. Don’t want you to think that I’m ignoring you if you try to call”.
135. Counsel argued that if the Defendant and X really had consensual intimacy, X would surely have denied the rape allegation. Instead, X replied “That’s not what I’m into at all and I feel sick” and made one call.
136. I disagree that X had failed to deny the rape allegation at all. The Defendant said “You basically raped me … and that’s not ok. I don’t know what your into but”. X said “That’s not what I’m into at all and I feel sick”. That was a reply to the last part of the Defendant’s sentence. He was saying that he was not into rape at all. The Defendant alleged that X had just “fucked” her but that was after she stated that she spent a lot of money in moving to a hotel. He thought the Defendant meant that he put her into a lot of trouble and expense.
137. Counsel pointed out that in cross-examination, X was asked to explain why he had not denied the rape allegation outright. X stated that this was because he wanted to talk to the Defendant directly before giving a response. Counsel argued that X’s explanation was incredible:
(1) If the rape allegation were untrue, X would have denied it on WhatsApp;
(2) If X wanted to deny the allegation on the telephone, he would have called the Defendant more than once;
(3) When his call was not picked up, X did not deny the allegation on WhatsApp.
138. Counsel submitted that the lack of a denial “creates reasonable doubt as to whether his account of consensual intimate acts is indeed true, and whether X raped D”.
139. I agree that X could have done so more explicitly. However, it was not surprising that he was confused by the rape allegation. The Defendant gave no details of the alleged rape and X’s wish to speak to the Defendant was reasonable. According to the WhatsApp messages earlier on in the day, it was clear that X was very busy at work. He explained that he saw a post on the Defendant’s social media that the Defendant was out at dinner and was having a good time. This evidence was never challenged. It was not surprising that he did not try to contact the Defendant again after work.
140. Further, it was evident from all the previous WhatsApp messages that X was non-confrontational, over trusting and with no disrespect to him, rather naīve. From the outset, the Defendant’s messages to X were littered with inconsistencies and self-contradictions.
141. In her WhatsApp messages at P3A(1421-1422) that she had a budget for her trip to Hong Kong and that she had a “decent travel pot”. In Court, the Defendant denied that she had any financial problems. To put it very mildly, it was clear from her WhatsApp messages from the outset that she her finances were extremely tight:
(1) The Defendant complained at 15:33 hrs on 28 December 2023 that she was very hungry but had no bank card [P3A(24-25)];
(2) The Defendant wanted to change her plans, extend her stay and book another hotel closer to X. She asked X for help but emphasized that it had to be a cheap hotel [P3A(65-68)];
(3) X found some hotels in Lamai for the Defendant which cost £41 to £65 per night [P3B(6-7)]. The Defendant chose the “Bill Resort”. However, she then changed her mind because she was “so broke”. She wanted to stay at the “Bill Resort” [P3A(75-79), P3B(8)]. Subsequently, the Defendant wanted an even cheaper hotel called the “Weekender Bungalow” which was 400 baht (equivalent of HK$98) per night [P3B(9)] but it was sold out [P3A(102-104)]. X then found a hotel called Lamai inn 99 bungalows for the Defendant which costs £48 per night [P3A(107-112)]. Even then the Defendant asked for a loan of 2,000 baht (equivalent of about HK$488) from X [P3A(113-123)]. In the end, she booked a hotel at £50 per night [P3A(152)] which she said was “annoying”;
(4) The Defendant persistently told X that she had no access to her bank account(s) or her bank cards or had no bank card [P3A(92), (175), (243)];
(5) The flight to Bangkok was only between £61 and £94 [P3B(13)]. The Defendant was still unable to afford it [P3A(230-237)];
(6) When the Defendant and X were discussing the Defendant’s trip to Hong Kong, she made it clear that her finances were very tight [P3A(328), (344), (372), (375), (395)]. That was the reason why X offered to “subsidise” and subsequently to pay for the Defendant’s flights [P3A(331), (343), (378), (387)]. Even after the Defendant had supposedly reached India and was with her mother, she was still asking X to treat her to Hong Kong [P3A(453)];
(7) The Defendant admitted to X that her credit cards were being “denied” [P3A(337-340)]. In other words, payments by her credit cards were being rejected;
(8) The Defendant admitted that she had financial troubles because she overspent [P3A(397-398)]. She then immediately changed her story and stated that she had the money but was unable to access her accounts [P3A(399)];
(9) X offered to pay for the Defendant’s 4.5 hour direct flight from Kathmandu to Hong Kong. The Defendant would rather take an 11 hour flight but have X pay for her return flight to Goa as well. In the end, X agreed to pay for the Defendant’s flights [P3A(419-427)];
(10) The Defendant admitted that she was “not financially prepared” for her visit to Hong Kong. She hoped that flights between Goa and Hong Kong would be “next to nothing” [P3A(545), (556)]. She then admitted that she needed X’s help with booking her flight and offered to take X out in London [P3A(561)];
(11) Not only did X have to pay for the Defendant’s flights, he had to give her spending money in Hong Kong [P3A(586-598)]. Despite that, the Defendant admitted that she would still be “tight” [P3A(615-616)];
(12) There was a charge of 345 HKD for making changes to the Defendant’s air ticket [P3B(30)]. The Defendant could not even make an international call to change her name. X had to offer to pay the charges [P3A(995)];
(13) The Defendant stated that her best friend from school lived in Hong Kong. If she was not financially strained and did not want to spend time with X, she could have visited Hong Kong at any time on her own.
(14) The Defendant claimed that she hated having other people pay for her. Yet she was asking X to pay for her air-tickets, her spending money in Hong Kong, a new wardrobe of “cute clothes”. Disney and luxury bars and restaurants. The Defendant knew that there were extra charges for reserving a seat on the aeroplane. She stated that she did not mind paying those charges when in fact X was paying for her flights. In effect, she was asking X to pay for her [P3A(1003)];
(15) The Defendant was impressed by X’s skincare;
(16) Even though the Defendant received a free trip to Hong Kong, she was concerned about the most minimal transport costs, e.g. the ferry fare to Cheung Chau [P3A(1408-1425)].
142. The Defendant’s WhatsApp explanations about her financial predicament were wholly self-contradictory and was clearly a tissue of lies:
(1) Initially, the Defendant asserted that she had no bank card [P3A(25)]. When X suggested going to a burger restaurant for a snack, the Defendant asked if the restaurant accepted cards [P3A(54)] Then the Defendant asked X for 2,000 baht in cash to pay for her new hotel and said that she would transfer money to him [P3A(113-123)]. In other words, she had a bank card and was still able to operate her bank account(s);
(2) However, the Defendant then changed her story almost immediately. She stated that she “got blocked out” and had to call her bank and her cards [P3A(123), (175)] Yet, she was able to pay for her hotels in Koh Samui and allegedly paid £200 for her flight to Bangkok [P3A(152-153), (226)];
(3) The Defendant then almost immediately changed her story again. She said she had been locked out of banks and had no bank cards [P3A(243)]. If she had been locked out of her bank account(s), had no bank card or cash, it is difficult to see how she was able to pay for her hotels in Koh Samui, her flight to Bangkok, her rearranged flight to India, her flight to and accommodation in Nepal and her visa to India;
(4) In Thailand, the Defendant suggested that she had no access to her bank account(s) and had no bank card. Yet, in her voice message to X on 10 January 2024, she said that she was applying for her visa to India online and forgot to press pay [P3C(4)]. If none of her bank accounts or cards were working, she was unable to pay for her visa;
(5) In Thailand, the Defendant alleged that she had been locked out of her banks and had no bank card. When she alleged that she was in Nepal, she said that she had the use of at least one of her accounts [P3C(4)]. However, she then immediately changed her story and told X that she had not been able to access her bank account [P3A(277)];
(6) The Defendant alleged that she was unable to reactivate any of her bank accounts. Yet she had £150 to pay for her trip to Nepal [P3A(287)];
(7) The Defendant alleged that her bank accounts and cards were still blocked when she was in Nepal. Yet, she alleged that she was able to apply for her visa to India online [P3C(11-12)];
(8) The Defendant told X that she could not come to Hong Kong between 29 January and 6 February because she was supposed to take her mother to Thailand on 1st February [P3C(13-14)]. Then in the same message, she said she was not supposed to take her mother to Thailand until 7th February for 4 to 6 weeks. In her very next message, she told X that she just realized that she had to stay in India because a friend was visiting her in India between 26th January and 6th February [P3C(15-16)] . Subsequently, she offered to come to Hong Kong in the first week of February [P3A(537-538)]. This was all during a time when the Defendant alleged that she had no access to bank accounts or bank cards and was unable to even afford her ticket to Hong Kong;
(9) After the Defendant allegedly obtained her visa to India, she talked about going to Thailand again [P3C(11-12)]. This was during a time when she allegedly had no access to bank accounts or bank cards. Subsequently, she said she would finish in Thailand in March 2024 [P3A(455)];
(10) Prior to the allegation of rape, the Defendant has persistently stated that her bank accounts were locked. However, after she alleged rape, her bank account can receive a deposit [P3A(1497)].
143. The Defendant’s explanations as to why she allegedly went to Nepal were also self-contradictory and ridiculous:
(1) In her voice message to X on 10 January 2024 [P3C(4)], the Defendant stated that she went to Nepal on a visa run. This means her visa to India had run out and she had to go to another country for a visa. However, she then immediately explained that she “knew that her visa was going to run out”, she had applied for her visa to India when she was in Thailand but forgot to press pay. In other words, in Thailand she never had a valid visa to India and therefore her visa could not have “run out”;
(2) In her WhatsApp messages, the Defendant stated that she arrived in India on 5 January 2024 [P3A(262)] . In her voice message, the Defendant stated that she only arrived in Nepal on the previous day (i.e. on 9 January 2024). If she had no visa to enter India, where was she between 5 January and 9 January 2024?
(3) The Defendant alleged that she was very cold in Nepal because she had left her bag. If she was unable to enter India, where did she leave her bag? If she had entered India and knew that she was going to Nepal for a visa run, why didn’t she bring her bag?
144. The Defendant’s explanation to X as to why she stayed on in Thailand was also self contradictory. In her earlier WhatsApp messages with X, she was totally unprepared to stay in Koh Samui after 28 December 2023. She asked X to help her find a cheap hotel. She only found a hotel in the afternoon of 29 December 2023 [P3A(66-152)]. She then said she missed the boat and could not go to Bangkok but stayed on in “Ko Pan”. She was allegedly unable to afford to purchase other tickets to Bangkok but was able to stay on in Thailand until early January.
145. The Defendant’s explanation as to why she needed a new wardrobe was also self-contradictory and illogical:
(1) Initially, she stated that she had a “nice dress” that she wanted to wear when going out with X in Bangkok on New Year’s Eve [P3A(150)]. When she was allegedly in Nepal, the Defendant only complained that she did not have warm clothes because she has left her bag [P3C(4)]. Yet in her next message, the Defendant said she had “no clothes” with her in Nepal [P3C(6)]. When she allegedly received her visa to India, the Defendant stated that she would get her clothes back [P3A(434)];
(2) Subsequently, when she was later allegedly in India, the Defendant said that she had lost her clothes in the laundry, she had no clothes or shoes and was living in bikinis [P3A(736), (748), (824)]; yet she stated at the same time that she was working in India [P3(894)]. It is wholly incredible that she would be going to work in a bikini;
(3) The Defendant’s mother was allegedly in India with the Defendant. There was no reason why she did not ask her mother for help to get some clothes in India;
(4) Despite the allegation that she had lost all her clothes and had nothing other than bikinis and sarongs, the Defendant alleged that her clothes were “not good” [P3A(899)];
(5) After X paid for her air tickets, the Defendant stated that she was “packing a few dinner dresses” [P3A(912)].
146. Despite the absurdity of the Defendant’s messages, X never once confronted her about the inconsistencies and self-contradictions. The rape allegation was the polar opposite of the Defendant’s messages and behaviour earlier in that day. X also never confronted her about this. X’s reaction to the rape allegation was wholly consistent with his behaviour since he met the Defendant.
147. Counsel referred to the messages at P3A(1501-1503). She argued that X initially offered £2,000 to cover the Defendant’s hotel, flights and everything for her trip. When the Defendant asked for £5,000, X agreed. She argued that X would not be so quick to agree to pay £5,000 if he had not done anything wrong.
148. I disagree. Firstly, X’s offer of £2,000 to cover the Defendant’s willingness to pay for the Defendant’s hotel, flights and other expenses is consistent with the WhatsApp messages [P3A(1483)]. This offer was made prior to the direct allegation of rape. Secondly, Counsel omitted to mention that this exchange started with the Defendant’s demand of repayment of an alleged loan. At P3A(1497), the Defendant stated “Can you send me the money you owe me?” And gave her bank details to X. There can be no dispute that X never owed the Defendant any money. Further, all along, the Defendant alleged that none of her bank accounts were working. X was obviously confused. Again, he never confronted the Defendant about her previous assertions in relation to her bank accounts. X said at P3A(1498), “Hi, I don’t know of any money I owe you other than the offer to pay for your hotel - how much do you want me to send?”. The Defendant replied “Send me the right amount you owe me for everything. Think about that … Think carefully”. It was only then that X said “I think £2K should cover your hotel, flights and everything for your trip so I’ll send that to you shortly” [P3A(1498-1501)] .
149. However, the Defendant immediately stated that “I think I remember it being 5k”. X replied “That’s more than I usually carry in cash but should be able to get that to you by the end of the day to your account” [P3A(1502-1503)] . In his testimony in Court, X explained that he had agreed to pay the £5,000 because “on hindsight”, it was “but a reasonable gift that someone would get someone else in a romantic relationship”. Counsel argued that X would not have agreed to pay the £5,000 if he had done nothing wrong and his explanation was incredible.
150. As was already pointed out, there can be no dispute that the Defendant never extended any loan to X. Apart from the offer of £2,000. There were 2 deleted messages from the Defendant after the rape allegation [P3A(1494-1495)]. These messages were prior to the demand of payment. They were never answered by X and there is no evidence to even suggest that these messages were about the amount to be paid. The Defendant’s assertion that she remembered it being 5k was extraordinary and confusing.
151. Counsel’s comment about X’s explanation ignores the words “on hindsight” which suggests that he did not think before he agreed to pay the £5,000. He only thought it was reasonable afterwards.
152. Counsel argued that:
“X’s account of the intimate acts between him and D is counterintuitive and unbelievable. X said that after he performed oral sex on D, X asked D to perform oral sexual in him, and she declined. X then took off his clothes completely and put on a condom. He did that without even asking D if she wanted sex. It is counterintuitive that after D had already declined one sexual act, X would then open a condom packet and put on the condom on the assumption that D would consent to another sexual act.”
153. This submission is extraordinary. Not everyone enjoys performing oral sex on a man. Some girlfriends and wives refuse to perform oral sex but are content to have penetrative intercourse with their partners.
154. Counsel argued that X’s evidence does not account for the bruises on the Defendant’s neck [D1-3]. Although X alleged that he kissed the Defendant’s neck, he did not say or suggest that he kissed her in a manner that would leave such injuries or a love bite.
155. Firstly, the alleged rape took place in the early hours of 1 February 2024. The Defendant was only medically examined at 23:30 on 3 February 2024. Secondly, according to D1, the bruises on the Defendant’s neck could have been inflicted by forceful gripping, sucking by lips and contusion by hard objects. The Defendant alleges that the bruise was caused by X. This will depend on the Defendant’s credibility which will be dealt with below.
Charge 1
156. In respect of Charge 1, Counsel submitted that X’s evidence of blackmail was incredible. She argued that it was unbelievable that the Defendant would demand payment of £100,000.
157. Counsel argued that X admitted that the Defendant would not know whether X could pay £100,000 or even £50,000. According to the Defendant’s own witness statement (P6), she went through X’s belongings in his apartment as soon as she arrived.
158. Counsel argued that at P3A(1533), the Defendant said “you have half of it which can be sent. And the other half tomorrow” could not have been about a demand of £100,000 and must have been about £10,000 as the Defendant knew that X had half of it and was expecting the other half to come.
159. This submission is untenable and is wholly contrary to the WhatsApp messages. X offered to pay the Defendant £2,000. The Defendant immediately escalated her demand to £5,000. When X agreed to pay the £5,000, the Defendant immediately escalated her demand to £10,000. X told her that he did not have £10,000 but the Defendant not only insisted, she gave him a deadline for payment [P3A(1487-1512)]. It was clear that the Defendant did not care whether X had the resources to pay or not.
160. It was clear from the evidence that the Defendant could not be talking about the £10,000 she originally demanded. At 07:57:24 on 2 February 2024, X sent the transfer confirmation of £5,000 to the Defendant [P3A(1513) and P3B(45)]. At 11:05:32 on the same day, X informed the Defendant that he had given instructions to the bank to transfer another £5,000 but the transfer had to go through security checks [P3A(1515-1524) and P3C(46)]. In other words, as far as the Defendant was concerned, the first £5,000 had been transferred and the further £5,000 would be received after security checks (i.e. X had given instructions to the bank to meet the whole demand of £10,000). There was no reason to make any further demands if the Defendant was only asking for £10,000.
161. Counsel has only chosen to mention selected messages. At 12:22:17 on the same day, X told the Defendant that he would ensure the transfer of the second £5,000 (i.e. a total of £10,000). At 12:23:32, the Defendant said “you’ve given 10% of what I am owed” [P3A(1524)]. The Defendant had already received £5,000 that morning. If the demand was £10,000, £5,000 was already one half of the demand. There was no reason why the Defendant would say it was 10% of what she was owed.
162. At 16:27:21 on the same day, the Defendant asked X “It’s after 4pm wondering if you managed to chase the bank and read my message above”. X again assured the Defendant that the second £5,000 would be transferred on the same day. The Defendant said “OK. Did you read that you would’ve only given me 10% of what you owe me. You’re good at maths so I’m sure you can work it out”. X then asked to call the Defendant. The Defendant refused and asked X “to do the maths” [P3A(1525-1531)]. On a plain reading of this message, the Defendant was saying that even if £10,000 were paid, it would only be 10% of what X owed her. The Defendant explicitly demanded £10,000 at message P3A(1504-1514). If the demand were only £10,000, there was no reason why X had to do the maths.
163. At 16:37:33, X told the Defendant “But I don’t have £100k. I have no way of paying you that”. The Defendant never denied asking X for £100,000. This was when she said “You have half of it which can be sent. And the other half tomorrow”. X pleaded with her “I don’t even half of it”. The Defendant replied “Please work it out”. X said “I’m desperately trying to work this out”. The Defendant replied “I hope so” [P3A(1532-1536)]. In other words, the Defendant confirmed that her demand was £100,000.
164. X stated that in the voice call at P3A(1535), the Defendant made a verbal demand of £100,000. This evidence was wholly consistent with the WhatsApp messages.
165. Although X had already transferred £5,000 and given instructions to transfer another £5,000, it was clear from the wording of the Defendant’s messages (you have half of it which can be sent) that she was demanding a further £100,000.
166. It was crystal clear that the Defendant was demanding £100,000. Counsel’s argument is wholly untenable.
167. Counsel further submitted that X’s evidence in relation to the disappearing messages is internally inconsistent, she argued that X’s evidence at trial was different from his description of the disappearing messages in his video recorded interview.
168. Counsel stated that in his evidence in chief, X said the message was “You have 24 hours to pay me £100K, either all of it, or £50K and then a payment plan of £5k to £10k a week or I am going to the police to report a crime”. However during the video recorded interview, he said that in the disappearing messages at P3A(1540), the Defendant said “Look you need to pay me £100K. Either that’s £50K now with a payment plan of £5k or £10k a week, or I am going to the police to report a crime”. Counsel stated that in this answer at the video recorded interview, there was no mention of the deadline of 24 hours. Secondly, the choice in the video recorded interview was a payment plan whereas X said in court that the choice was £100K or £50K.
169. Firstly, it was never X’s evidence that he was given a choice to pay only £50,000. Secondly, there is no dispute that X did mention the 24-hour time limit further on in the interview.
170. I found no merit in Counsel’s submission.
171. Counsel also submitted that X had 2 telephones and could have recorded the disappearing messages.
172. I disagree. X has already explained that he knew nothing about “disappearing messages”. This was consistent with the message at P3A(1538). He told the Defendant “I didn’t listen to this because it disappeared, was it meant to do that?”. X’s evidence that the Defendant’s demand was £100,000 was wholly consistent with the WhatsApp messages [P3A(1525-1542)].
173. Counsel argued that X should have reported the matter to the police if he believed that he was being blackmailed, especially when he had already consulted his friends and family and had received legal advice. According to X, the Defendant had threatened to report a crime to the police and he should have tried to beat the Defendant with his report.
174. I again disagree. When the Defendant first demanded £10,000, she so set a time limit for payment. That time limit was not met. X even cancelled the transfer. There was no consequence. The Defendant then escalated the demand to £100,000, with at least half to be paid within 24 hours. X did not pay. There was again no apparent consequence until he was arrested by the police. Further, the Defendant did report the matter to the police on 3 February 2024 (i.e. upon the expiry of the time limit). This was consistent with X’s evidence.
175. Finally, Counsel commented on X’s general credibility. She argued that a discussion about the return of the Defendant’s first aid kit would not have taken 2 minutes.
176. I found no merit in these submissions. Counsel is asking the Court to speculate on the probable length of the telephone call at message P3A(1491). X has already explained that he did not know what the Defendant’s first aid kit looked like and where it was. He had to ask the Defendant for description of the first aid kit. He also tried to talk to the Defendant to understand why she was alleging rape.
177. Counsel further pointed out that X was non-compliant upon arrest. The Defendant alleged that X raped her, made demands of escalating amounts of money, then in the early hours of the morning a group of men in plain clothes opened his door with a key card before breaking into his home; the room was dark and even PW2 stated that he could not see clearly until the lights inside the sitting room were switched on. X’s reaction at the time of arrest was not surprising.
178. I have considered Counsel’s submissions in detail and at great length. I found X to be an honest, credible and reliable witness. I accept his evidence.
PW2
179. PW2’s evidence was not in dispute. His evidence was clear and straightforward. I found him honest and credible. I accept his evidence.
PW3
180. PW3’s evidence was direct and straight forward. She readily admitted mistakes she made in the witness statement (P6). I found her honest and credible. I accept her evidence.
PW4
181. PW4’s evidence was basically not in dispute. He was only called to explain the contents of his report. I found him honest and credible. I accept his evidence.
The Defendant
182. Counsel submitted that the Defendant should be acquitted of both charges if this Court finds that the Defendant’s evidence were true or may be true. She stated that the Defendant’s allegation of rape and her denial of blackmail were credible.
Charge 2
183. In respect of Charge 2, Counsel submitted that the Defendant’s evidence that she only has a friendship with X is believable [paras. 62-95 of Counsel’s submissions]:
(1) The Defendant’s account that she was only friends with X is supported by the WhatsApp messages;
(2) There was no public displays of affection in the CCTV footages;
(3) There is no dispute that the Defendant told X that she would “love a husband like you”. Counsel submitted that the Defendant provided a reasonable explanation for this message;
(4) The Defendant can rely on the doctrine of recent complaint to bolster her credibility;
(5) The Defendant’s account of the alleged rape was not contradicted by the Forensic Medical Examination Report [D1];
(6) The Defendant’s account of the alleged rape was largely consistent with the “description of the incident” in the Forensic Medical Examination Notes;
(7) The Defendant was frank, believable and unshaken in respect of her evidence as to how she responded to the alleged rape;
(8) The Defendant’s account of rape is consistent with her WhatsApp messages;
(9) The Defendant’s account of rape is consistent with her behaviour;
(10) The Defendant’s account is supported by the evidence of Mr Sandeep Singh (DW1);
(11) The Defendant’s account of the alleged rape is broadly consistent with the account in her witness statement [P6]. If there were any inconsistencies, they were explained.
184. On the other hand, the Prosecution argued that the Defendant’s evidence was wholly incredible.
“Recent Complaint”
185. I will first deal with the legal arguments in relation to “recent complaint”.
186. Counsel submitted that in sexual cases, “recent complaint” is a common law exception to the prohibition against previous consistent statements. Under this exception, evidence of recent complaint can be admissible for the limited purpose of assessing the credibility of the complainant’s testimony in Court : HKSAR v Chak Kong Fai [2021] HKCA 499 §§138-141. She then referred to the criteria of a “recent complaint” set out in paragraph 147 of the judgment.
187. Counsel went on to submit that:
“69. Upon research, the Defence could not find authority that directly answers the question of whether the principle of recent complaint can be relied on by a Defendant who faces a non-sexual offence, as in the current case …”
188. This submission is self-contradictory and surprising. On the one hand, Counsel accepted that under common law, a previous consistent statement infringes the rule against hearsay and is inadmissible as evidence. A “recent complaint in sexual cases” is an exception to that rule. On the other hand, Counsel queries whether a previous consistent statement is admissible in cases of a non-sexual nature.
189. The history and rationale of the doctrine of “recent complaint” was succinctly explained by McWalters JA in the same case:
“I.1. The common law exception of recent complaint in sexual cases
138. The law in relation to recent complaint evidence in sexual cases was summarised by Li CJ in giving a judgment in the Court of Final Appeal, with which other members of the court agreed, in the case of Leung Chi Keung v HKSAR. He explained how, within the law of evidence, it was an exception to the prohibition against a witness testifying as to previous consistent statements that the witness had made. He said:
“20. The general rule at common law was that a witness could not be asked in-chief whether he had formerly made a statement consistent with his present testimony. He could not narrate such statement if it was oral or refer to it if it was in writing (save for the purpose of refreshing his memory), and other witnesses could not be called to prove it.
See Cross & Tapper on Evidence (10th ed. 2004) p. 318
21. A well known common law exception to this rule is evidence of recent complaint in a sexual case. If a complaint was made at the first reasonable opportunity after the offence, the evidence of the person to whom it was made of the fact that it was made and as to its terms are admissible. But such evidence of recent complaint is admissible not as evidence of the facts complained of but only as evidence of the consistency of the complainant’s conduct with his or her testimony. In short, such evidence is only relevant to the credibility of the complainant’s conduct and would serve to buttress it …
139. Thus, evidence from the victim of a crime of having made a post-offence complaint is prohibited by the rule against prior self-serving statements, and evidence of that complaint by the persons to whom it was made is prohibited by the same rule, and also, of course, by the rule against hearsay.
140. However, the common law developed an exception in respect of sexual cases. The exception allowed evidence of complaint to be made as long as it was recently made and as long as evidence of the complaint came from the person to whom it was made. When these conditions were met then evidence of the complaint was admissible, but it could only be used for the limited purpose of showing the consistency of the complaint with the complainant’s evidence as a tool that could be used to assess the complainant’s credibility.
141. This limitation on the use that can be made of recent complaint evidence is very important. Because the jury are entitled to make use of it only for the limited purpose of assessing the credibility of the complainant’s in-court testimony, but may not make use of it as proof of the truth of the allegations contained in that testimony, the evidence does not breach the rule against hearsay.
142. A helpful discussion of the historical basis of the exception can be found in the judgment of the Queensland Court of Appeal in Warner, where it was said:
‘… Generally a person cannot give evidence of a previous statement by him or her consistent with the evidence being given; nor can another witness be called to prove such a statement. The rationale for the general rule is presumably … that all trials, civil and criminal, must be conducted with an effort to concentrate evidence on what is capable of being cogent … and evidence of this kind generally lacks cogency.
The historical basis for this exception appears to be … the ancient requirement that a woman should make hue and cry as a preliminary to an appeal of rape … The raising of hue and cry was not, however, limited to cases of rape or similar offences; it applied to all cases of felony. And although the requirement that the victim make prompt complaint may have persisted longer in respect of rape than it did in respect of other offences … there were offences other than rape or like offences in which it was held that evidence of complaint was admissible … In the last of these cases it was said that complaint was admissible in all criminal cases.
…
The rationale of the exception is that, unlike evidence generally of previous consistent statements, such a complaint may be cogent proof of consistency with the victim's evidence of commission of the offence thereby making that evidence more reliable. Hence the requirements, leaving aside for the moment their precise formulation, that the complaint must be prompt and spontaneous; and the qualification that it is relevant only to the reliability of the complainant's evidence not as evidence of the truth of the facts stated in the complaint. This rationale also allows evidence to be given of a failure to complain where one would ordinarily have been expected … And it explains why previous consistent statements are admissible to rebut an allegation of recent invention.
143. It is important to note that the exception operates to allow evidence to be given of both the fact and the terms of the complaint but that evidence must be given by the person or persons to whom the complaint is made. Without the evidence of the persons receiving the complaint, any evidence from the complainant about the complaint is inadmissible …
144. This point was the focus of the Privy Council’s judgment in White v The Queen. In giving the judgment of the Board, Lord Hoffman quoted the passage from Cross & Tapper on Evidence which the Court of Final Appeal quoted in its judgment in Leung Chi Keung and then said:
‘There are two well-known common law exceptions to this rule. The first permits proof of complaints in sexual cases. If a complaint is made at the first reasonable opportunity after the offence, it may be proved in evidence to show the complainant’s consistency and to negative consent … As Casey J. said in giving the judgment of the New Zealand Court of Appeal in Reg. v. Kincaid [1991] 2 N.Z.L.R. 1, 9:
‘The immediate question is – ‘How is one to know she is a truthful girl telling of her complaint?’ The answer - that her own assertion that she did complain will help the jury to assess her truthfulness - needs only to be stated to be recognised for its logical absurdity. Without independent confirmation of what she said, the girl’s own evidence-in-chief that she complained takes the jury nowhere in deciding whether she is worthy of belief. The doctrine of ‘recent complaint’ in sexual cases allowing the prosecutor to adduce evidence of a prior complaint is not to be confused with the rule allowing recourse to such a statement in order to rebut a specific charge of recent [invention].”
145. Thus, the position the prosecutor will find himself in with respect to any post-offence complaint is that he cannot adduce such evidence unless it falls within either of the two exceptions of being a recent complaint of a sexual offence or of being evidence that combats an allegation of recent invention. The latter exception only arises if the complainant is cross-examined to the effect that her evidence is a fabrication and cannot, therefore, entitle a prosecutor to elicit evidence of post-offence complaint in his examination-in-chief. This latter exception is a form of rebuttal evidence and could, therefore, only be given in re-examination.
146. Before summarising the legal principles in this area, it is important to recognise that we are dealing with common law principles relating to a common law exception to the rule against self-serving statements …
147. To come within the common law recent complaint exception there must be:
(i) conduct by a victim of a sexual offence to a third party which qualifies as a complaint;
(ii) to qualify as a complaint there must be an element of spontaneity to the victim’s conduct; the more the making of the allegation is the result of the prompting conduct of others, the less likely it will qualify as a complaint;
(iii) the complaint must be made to a third party who is called by the prosecutor and whose testimony confirms receiving the complaint;
(iv) the complaint must be recent in the sense that it is made at the first reasonable opportunity after the commission of the offence; and
(v) through its consistency with the complainant’s in-court testimony, the complaint must be capable of enhancing the credibility of the complainant …”
190. It is crystal clear from the above judgment that the rule against previous consistent statement is a common law rule. The doctrine of “recent complaint in sexual cases” is a common law exception to that rule. The charges in the present case are not of a sexual nature. The Defendant is not the victim / complainant in the present case. The fact that there are no authorities in Hong Kong or elsewhere to say that a Defendant in a non-sexual case can rely on the doctrine of “recent complaint” to bolster his or her credibility speaks for itself.
191. Counsel then cited HKSAR v Chu Chi Ho [2017] 4 HKLRD 688 in support of her submission that the Prosecution could rely on the doctrine of “recent complaint’ to bolster the victim’s credibility when the Appellant was being prosecuted for a non-sexual offence.
192. In that case:
(1) The Appellant was convicted of one count of “misconduct in public office” after trial;
(2) The Appellant was a police sergeant;
(3) On 27 May 2014, X, a Mainland woman entered Hong Kong to work as a prostitute. She rented a room in Temple Street (Room 4) from “Lan Je” to stay in and receive customers. Between noon and midnight of 27 May, X was successful in soliciting a number of clients;
(4) At about 1:30 am on 28 May 2014, X was approached by the Appellant. The Appellant asked X “how much”. X said “$200”. The Appellant then followed X up to Room 4. Inside Room 4, the Appellant declared himself to be a police officer, took possession of X’s phone and travel documents and asked X if she wanted to “go back immediately or be detained for seven days”. Feeling scared, X had sexual intercourse with the Appellant at the Appellant’s request. The Appellant did not pay X for her service. He again made reference to a seven-day detention and told X to leave Temple Street and to return to the Mainland via Huanggang in no more than three hours. The Appellant also took away X’s keys - three in total. They were keys that could gain access to Room 4 and the flat and building in which Room 4 was located;
(5) After quickly packing, X saw her friend Siu Lai outside Room 4. Siu Lai, who had come to Hong Kong with X and who occupied the room next door (Room 5), was also leaving. The two of them then went down to Temple Street to make their way to the border. Following them from behind were the Appellant and another male person;
(6) Before flagging down a taxi, X saw Ah Chat on the street and told him that she and Siu Lai were going back to the Mainland. When Ah Chat asked “why”, the Appellant and the other male intervened and the three broke into an argument. During the argument, the second man, who demanded to see Ah Chat’s identity card, stated that he was “from Yau-Tsim Anti-Vice”. For his part, the Appellant had said words to the effect that “you resist so much all the time; always resist”;
(7) From CCTV footage of a nearby shop, both X and Ah Chat identified two images which they said were the Appellant and his associate. Once back on the Mainland, X called Lan Je by phone. She said: “We have gone home to the Mainland; a client has scared us off”. That was X’s evidence. Lan Je, on the other hand, remembered X as saying “Met a policeman. He did me without paying for it. Dined and dashed”. Either way, LAN Je told X there was no need to be scared and that she should “come back”;
(8) Acting on Lan Je’s advice, X returned to Hong Kong on the morning of 28 May 2014, at 11:40 am. On the same night, she reported the matter to the police. On 30 May 2014, the Appellant was arrested. In the ensuing investigation, a fingerprint which matched the right thumb print of the Appellant was lifted from the wall beside the light switch of Room 4. In addition, nine keys in four bunches were found inside the Appellant’s desk drawer in his office. Five of these keys could be used to unlock the 1st floor flat and some of the rooms inside it, Room 4 included. The rest were unrelated to the premises. Lan Je identified three of those keys as the keys that she had given to X upon X taking up occupancy. A fourth key, which Lan Je said she had also given to X, was missing;
(9) The gist of the Defence case at trial was that the Appellant was a member of the Yau Ma Tei Special Duties Squad. On the night in question, although they had finished their shifts, he and another sergeant (Sergeant Wong) had gone to Temple Street to “observe the trend of vice activities”, when he saw X make eye contact and smile at him, he suspected X to be a prostitute and followed her - albeit that he had no idea where she was heading. Right up to door of the 1st floor flat at No 141 Temple Street, however, X failed to make any explicit offer of sexual services. That being the case, there was insufficient evidence to arrest X and the Appellant had no option but to leave the premises. The Appellant then contacted Sergeant Wong and the two left the area together. They were not the same persons who X and Ah Chat had identified in the CCTV footage. Because the police had been conducting raids in the premises in question, the people in charge of those establishments might have put X up to frame him.
(10) There was only one ground of appeal. That ground was of a narrow ambit and had nothing to do with the multiplicity of factual issues that formed the core contention at trial. It reads:
“Whether it was wrong in law for the trial judge to use ‘early complaint” to support or enhance credibility when [the Appellant] was prosecuted for a non-sexual offence” (the Main Issue);
(11) Supplemental to that question is, given their apparent lack of consistency in content, whether Lan Je’s account of what X said can in law amount to evidence of recent complaint.
193. The Court of Appeal described how the Main Issue arose:
“How the problem came about
8. The Main Issue as identified above first surfaced during X’s examination-in-chief. Counsel on fiat had asked X what she had told Lan Je on the phone when he was stopped by the judge who, after hearing counsel said it amounted to recent complaint, observed that the charge was not for a sexual offence. That did not, however, put an end to the matter. On the contrary, expressing an interest in what the parties had to submit, and himself hypothesizing as to when evidence of recent complaint may be admitted in like situations, the judge allowed the question and it was not until X’s account failed to reveal an immediate sexual content that he asked the prosecution for further assistance. This assistance materialized on three subsequent occasions but because Lan Je had also given evidence, and the discrepancy between her and X’s account was seen as heightening the problem, the Supplemental Issue became overriding and the Main Issue was never revisited.
9. In the end, the judge was persuaded that the prosecution was correct on both issues. The following is what he said in relation to the Main Issue …:
[47] After careful consideration, I accept the evidence of Lan Je in this regard as evidence of a recent complaint. Firstly, although this is a case concerning misconduct in public office, the misconduct alleged by the prosecution included threatening X into providing sexual service. In these circumstances, the issue that the court has to deal with is no different from that in an ordinary sexual assault or sexual assault related case. In this case, the prosecution must prove beyond reasonable doubt that the alleged sexual assault did take place and the situation that X had to face as a complainant of a sexual assault offence is exactly the same as that faced by the victims of other sexual assault offences…
[48] In this regard, it was mentioned in The Queen v Lillyman [1896] 2 QB 167 that as early as Rex v Brazier (a 1779 case), when dealing with a case of rape or assault with intent to rape, the court could consider the evidence of a recent complaint. Besides, Reg v Walker (a 1839 case) was also a case that only involved the offence of assaulting a female with intent to rape her, the court could similarly consider accepting the evidence of the recent complaint made.
[49] In my view, this series of cases clearly show that the name of the offence is not important. On the contrary, the indicator is whether or not the offence involves any act of sexual assault. Take the offence of burglary as an example, if in the premises in question, the offence the defendant committed is of the nature of the sexual assault type, the court fails to see why it should reject the production of the evidence of a recent complaint to the court …
[52] … I accept the evidence Lan Je gave on the recent complaint. The evidence shows that before X came to Hong Kong, she already asked Lan Je to arrange a room for her. It is understandable that X owed Lan Je an explanation for her sudden departure. I take the view that there was no reason at all for Lan Je to make up evidence to frame the defendant. After all, her ultimate purpose was only to let out the room …
[53] Considering the evidence as a whole, the court finds that the content of the evidence X gave under oath and the evidence Lan Je gave regarding the recent complaint are consistent and match each other …”
194. The Appellant’s case in the Main Issue was that the admission of a recent complaint in a non-sexual case does not fall within any of the exceptions to the rule against previous consistent statements.
195. The Court of Appeal stated:
“Main Issue
25. As the transcripts show, the discussion between judge and counsel on the topic was minimal, almost touch-and-go, and the route through which the judge had persuaded himself to admit X and, later, Lan Je’s accounts was the hypothetical case of burglary which eventually found its way to his Reasons for Verdict …
26. The problem with the above example is that, assuming there were two distinct offences, one committed after the other, it is difficult to see how the offender would be charged with ‘burglary’ and not ‘indecent assault’. Our collective experience is that he would be prosecuted for both. For the judge to have fallen into this error, however, he might have misapplied his mind to sections 11(1)(a) and 11(2) of the Theft Ordinance, Cap 210 which make it an offence to trespass any building with intent to rape. But even under that potential form of burglary, once the intended offence is transformed into action, there must necessarily be a charge of ‘rape’ or ‘attempted rape’ that supersedes the housebreaking offence – unless there is evidence of a coincidental intention to steal or to cause grievous bodily harm or to cause criminal damage, which may justify a separate charge of ‘burglary’. So, either way, the hypothetical case is flawed. Evidence of recent complaint would have been admissible in both situations on a charged sexual offence.
27. In our view, of the material before us, the best and only example for advancing the case of admitting evidence of recent complaint in ostensibly non-sexual offences remains that of R v Kovacs (ibid). There is, we find, much force in what the Queensland Court of Appeal had to say on the topic …
There is thus a substantial body of authority in support of the view that the recent complaint exception to the exclusionary rule applies only in sexual offence cases. But no case was brought to the attention of the Court in which consideration was given the application of the exception to a case like the present where, although the offences on the indictment are not sexual offences, part of the prosecution case involved proof of acts which would establish the commission of such offences. The rationale for the exception, explained in cases such as R v Osborne, R v Jarvis, Kilby v The Queen, R v King and Britton v Commissioner for Road Transport, is equally applicable to a case in which the doing of acts constituting a sexual offence is a particular of a charged non-sexual offence as it is to a case in which a sexual offence is charged. That is particularly so where, as is the case here, the role of the alleged sexual conduct is to assist in establishing the true nature of the accused’s behavior in relation to the complainant.
28. That said, we notice what must be an important caveat, if not pre-condition, in the above obiter dicta. Repeatedly, the Australian court had stated that, for the exception to be triggered, the act underlying the non-sexual charge must, in itself, be a sexual offence. It follows that, even if we were to subscribe to that jurisprudence, two questions immediately present themselves to be answered, the first one being – does the alleged act of the appellant constitute a sexual offence under Hong Kong law?
29. That question, we regret to say, had obviously escaped the attention of everyone at trial. There is, for example, no sign of the judge engaging his thoughts as to why the charge was one of ‘misconduct in public office’ and not ‘rape’. Likewise, fiat counsel, who initiated the argument on recent complaint, was seemingly unaware of its implication when leaving the question of consent ambiguous and undetermined in X’s evidence: …
By mere reference to the evidence that X was frightened into providing sexual services to the appellant, the judge had asserted that this case involved “sexual assault”. There was no analysis, nor was there any clue as to which particular sexual offence the appellant is said to have committed.
30. However, notwithstanding his original position, which was based on how the charge is formulated, and which maintained that there is no offence involved, Mr Boyton concedes upon being pressed that, regardless of when exactly the reference to a seven-day detention was made, the mere revelation of the appellant’s police identity must, in all the circumstances of the case, be regarded as a threat to X. He goes on to concede that the looked-for offence would then be ‘procuring an unlawful sexual act by threat’ under section 119 of the Crimes Ordinance, Cap. 200 in respect of which consent is a non-issue.
31. These concessions dispose of the first question, and cause for our consideration the second one, namely, is the offence under section 119 an offence that is within the contemplation of the case law? For example, when the Queensland Court of Appeal mentioned “sexual offence”, did they have in mind a definition that could be inclusive of an offence such as section 119? After all, there can be no dispute that section 119 is an offence of sexual misconduct.
32. In our effort to answer this second question, it has not gone unnoticed by us that the inclusionary position is a creditable one …
34. However, based on what limited material we have, which nevertheless includes a handful of selected authorities over a long period, we cannot help noticing that, at common law, recent complaint has always gone hand in hand with the situation where a lack of consent on the part of the victim is essential to proving an offence (e.g. rape), or where the victim’s consent is no defence because the law does not recognize his or her consent as effective consent (e.g. unlawful sexual activity with the under-aged or mentally incapacitated).”
196. Pausing here, it must be pointed out that there are marked differences between the present case and Chu Chi Ho:
(1) In Chu Chi Ho, the prosecution was seeking to produce previous statements of the victim. In the present case, the Defendant is not the alleged victim;
(2) In Chu Chi Ho, the prosecution sought to adduce the victim’s previous statements as “recent complaint”. This is not so in the present case. The Defendant’s witness statement was produced by the prosecution as evidence of the Defendant’s alleged attempt to pervert the course of justice (Charge 2);
(3) In Chu Chi Ho, the admissibility of the victim’s previous statements was challenged by the defence. The admissibility of those statements was the whole crux of the appeal. In the present case, not only was the admissibility of the Defendant’s witness statement (P6) never challenged, it was admitted by consent under section 65C of the Criminal Procedure Ordinance (Cap. 221) (P7 paras.11-12);
(4) A recent complaint is only admitted for the limited purpose of demonstrating consistency. Evidence admitted under section 65C of the Criminal Procedure Ordinance is unrebuttable evidence in the entire case;
(5) In Chu Chi Ho, the sexual offence was part of the prosecution’s misconduct in public office. In other words, the prosecution had to prove the sexual offence committed by the Defendant. In the present case, the prosecution never alleged any sexual offence. To the contrary, it was the prosecution’s case that no sexual offence was involved and that the Defendant made a false report of a sexual offence;
(6) In the present case, there is the extraordinary position where Ms Herbert challenged the accuracy of the Defendant’s witness statement and yet asked the Court to consider it as the Defendant’s recent complaint.
197. Most importantly, the passage in R v Kovacs cited by Counsel was obiter dicta (para 27 of Chu Chi Ho). Despite quoting substantial parts of the judgment of Chu Chi Ho, Ms Herbert has omitted to even mention the Court of Appeal’s ratio decidendi as to whether the victim’s previous statements amounted to a “recent complaint”. The Court of Appeal’s conclusion in fact ruled:
“36. Not to put too strong a word on it, the development of this area of law is known to be as much affected by historical anomalies as logical reasoning, so we will not attempt to explain the line that may or may not have been consciously drawn by the courts in the past. All we will say is that, even if we were to apply R v Kovacs (ibid), given the particular nature of the alleged sexual misconduct in this case, we are unprepared to hold the phone conversation between X and Lan Je admissible as evidence of recent complaint. The judge could have admitted it – or at least a version of it – as evidence of state of mind to explain the return of X to Hong Kong just hours after her departure, but he was wrong to admit it under the head of recent complaint. We are not prepared to open any door without full knowledge of what lurks behind it.”
198. The judgment in Chu Chi Ho does not support Counsel’s submissions. In fact, it is totally against those submissions.
199. As was pointed out by the Court of Appeal’s conclusion in Chu Chi Ho, evidence of previous complaints which do not amount to “recent complaints” can be admitted in certain circumstances. This was in fact considered by the Court of Appeal in Chak Kong Fai (ibid) which was also cited by Ms Herbert. In discussing a complaint made by the victim, the Court of Appeal said:
“I.4. The admissibility of the fact a complaint is made
177. In White v The Queen Lord Hoffmann addressed how the prosecutor should deal with complaint evidence that was not admissible under this exception but was relevant background evidence …
178. … As with any complaint, there is, firstly, the fact of the complaint being made, … it explained how the defendant came to be on trial. Secondly, there are the terms of the complaint. The basis for the admissibility of each of these pieces of evidence is quite different. The fact of the complaint, together with the terms of complaint, may be admissible as part of a recent complaint but when the terms of the complaint are not admissible under this exception, then the fact of complaint may still be admissible as background evidence. But, when only the fact of complaint is admissible, and is only admissible as background evidence, then care must be taken to ensure, by appropriate direction, that the jury does not infer that the complainant’s credibility is supported by the fact that she complained …
179. However, in this situation, the terms of complaint may become admissible as evidence rebutting fabrication and, if this happens, then the two may still come together in the prosecution case, but with the terms of the complaint only being adduced by the prosecutor, in re-examination, as rebuttal evidence.
180. It is because each may have a different basis for admissibility that it is so important that the parties carefully examine their respective approaches to the evidence and communicate their approaches to each other and to the judge.”
200. This was clearly what should have been done in Chu Chi Ho.
201. By reason of all the above matters, I find that the Defendant’s witness statement (P6) does not amount to a “recent complaint”. However, since that witness statement has been adduced, it will be considered when considering the Defendant’s credibility. Even if I were wrong and the Defendant’s witness statement amounts to a “recent complaint”, I find that it is inconsistent with the Forensic Medical Report [D1] and the Defendant’s evidence in Court and does not bolster her credibility for the reasons set out below.
Credibility
The Defendant
202. As for credibility of the Defendant, I agree with the Prosecution. The Defendant stated that there was nothing romantic between her and X. As pointed out above, this assertion is wholly inconsistent with the WhatsApp messages. The Defendant gave every indication that she was romantically interested in X in those messages. As explained above, the Defendant’s behaviour was wholly inconsistent with rape and/or sodomy. The Defendant knew that she may report the matter to the police. It was evident that any WhatsApp messages after the alleged rape would be important evidence. However, not only did the Defendant delete the sexual discussions, she started sending X “disappearing messages”.
203. The Defendant’s WhatsApp message to X on 25 January 2024 that she had been celibate [P3A(661)] was inconsistent with what she told the doctor (PW4). She said that the date of last consensual intercourse was 2 January 2024 with her partner [D1]; ie 3 days before she allegedly left Thailand. In other words, she was in Thailand with her partner.
204. The Defendant’s evidence in Court was inconsistent with her witness statement and the Forensic Medical Report
(1) In her evidence in Court, the Defendant stated that after returning to X’s flat from Happy Valley, she went to the bathroom to change into her pyjamas after eating her burger. There was no mention of watching television together. In her witness statement, she said that she and X watched TV as they ate;
(2) In her evidence in Court, the Defendant stated that the alleged assault started after she came out of the bathroom. In fact, the bathroom door was locked when she was inside. However, she told the doctor that the assault started inside the bathroom;
(3) In her evidence, the Defendant stated that X was already standing on her right when she came out of the bathroom. In her witness statement, she said that X suddenly showed up from nowhere when she stepped out of the bathroom [P6 para 4];
(4) In her witness statement, the Defendant stated that X used his right hand to grab her neck and pushed her onto the bed [P6 para 4]. She told the doctor that X strangulated her neck and ribs [D1]. In court, the Defendant was asked whether X grabbed her neck with one hand or both hands, the Defendant said X started with his right hand. When she was asked whether she meant X used both hands to grab her neck, she avoided the question;
(5) In Court and in her witness statement [P6 para 4], the Defendant stated that X grabbed her neck after she stepped out of the bathroom and into the bedroom. However, Counsel put to X that X grabbed the Defendant’s neck inside the bathroom;
(6) Counsel put it to X that after the Defendant was pushed onto the bed, X only removed the Defendant’s shorts after he pinned the Defendant down and opened her legs with his knees. In her witness statement [P6 para 4], the Defendant stated that X took her shorts off immediately after pushing her into the bed and before he used his knees to open the Defendant’s legs. However, in Court, the Defendant made no mention that her shorts or pants were removed throughout her initial description of the alleged rape. It was only when Counsel subsequently asked her about her shorts and her pants that the Defendant stated that they were removed after she was pushed onto the bed, and as X was using his knees to open her legs.
(7) In her witness statement, the Defendant never mentioned that X held both her hands on her chest near her neck. In that statement, the Defendant stated “He then used his hand to control my hands on my back when I was facing upward” [P6 para 4]. The Defence submitted that this may be a mistake as a result of PW3’s “poor English”. In fact, she stated that X “used his hand to control my chest when I was facing upward”. PW3 stated that the Defendant was told to read over the witness statement carefully. The Defendant’s attention was drawn to the Declaration at the top of the Statement and the Defendant signed the Declaration after reading the statement. In other words, the Defendant knew that it was a criminal offence if her witness statement was inaccurate or untrue. None of the above evidence from PW3 was challenged. The Defendant was born in the United Kingdom, she studied and worked in the United Kingdom, she had a post-graduate degree from the United Kingdom. Even assuming that PW3’s English was not great, the Defendant could read and understand English perfectly. She knew that this was a very serious matter which will go to Court [P6 para 10]. Yet it was not in dispute that she never asked to correct or amend her witness statement;
(8) In her witness statement, the Defendant stated “When I just stepped out the bathroom, he suddenly showed up from nowhere, he used his right hand grabbed my neck, pushed me onto the bed. He took off my shorts immediately. He used his two knees to push on my knees. I was so shocked and scared. I immediately told him to stop but I was grabbed by him and suffocating. I couldn’t breathe and felt like I was going to black out. I struggled but he used his both hands to grab my neck. His knees opened my legs. In other words, X pushed the Defendant’s legs open after he took off her shorts and pants. However, in Court, the Defendant said X opened her legs with his knees as soon as he pushed her onto the bed. There was no mention of taking off her pants and / or shorts;
(9) In her witness statement, X only strangled the Defendant’s neck with both hands after X put on the condom. According to the Defendant’s first account in Court, there was no mention of X strangling her neck with both hands immediately after he pushed her onto the bed and when he opened her legs with his knees. However, further on in examination in chief, the Defendant alleged that X was strangling her neck with both hands when he opened her legs with his knees;
(10) In Court, the Defendant stated that X was controlling both her hands on her chest as he was grabbing and putting on the condom. However, in her witness statement [P6 para 4], she said “ … I was grabbed by him and suffocating. I couldn’t breathe and felt like I was going to black out. I struggled but he used his both hands to grab my neck. His knees opened my legs. He used his right hand to grab my neck, used his left hand to take a condom from the left side of the cabinet, used his teeth to tear the packing. He put on the condom so quickly. In other words, X was grabbing her neck and not her hands when he grabbed and putting on the condom;
(11) In her witness statement, the Defendant asserted that X used his hand to control both of the Defendant’s hands after he put on the condom [P6 para 4]. In Court, she stated that X used his hand to control both her hands as he was putting on the condom;
(12) In her witness statement, the Defendant stated that X “put on the condom so quickly”. However, in the same breathe, she stated that she saw that X’s penis was not that hard but hard enough (asmei)”. There is no dispute that “asmei” meant semi erect. If that were the case, it is difficult to see how X could have put on the condom so quickly, especially with one hand and the Defendant struggling;
(13) In Court, the Defendant stated that she believed X took off the condom after he flipped the Defendant over. However, in her witness statement, she stated that X took off the condom before he flipped the Defendant over [P6 para 4];
(14) In her witness statement [P6 para 4], the Defendant alleged “He used his hands to control my hands. I felt he put his penis to my asshole”. There was no mention of X restraining her hands at this stage in her viva voce evidence;
(15) In Court, the Defendant stated that X “put his penis in my anus. He then was whispering in my ear and bit me and he was whispering “let me fuck you, I know you don’t want this, let me fuck you, let me fuck you”. In other words, the Defendant was sodomized. However, in her witness statement, the Defendant stated “I felt he put his penis to my asshole. He was whispering to me saying “I know this is not what you want, let me fuck you”. Then, I managed to swing out. He then said that “let me lick you out”” [P6 para 4]. There was no mention of any penetration of the Defendant’s anus. To the contrary, it suggests that the Defendant managed to escape before she was sodomized. There was also no mention of any biting during the whole incident. Sodomy and biting were only mentioned for the first time in PW4’s notes in the Forensic Medical Report. However, in that report, PW4 noted that it was the Defendant who bit X [D1]. The Forensic Medical Report was produced by the Defence and they are bound by their own evidence;
(16) The Defendant continued in her witness statement “I felt he put his penis to my asshole. He was whispering to me “saying “I know this is not what you want, let me fuck you. Then I managed to swing out. He said that “let me lick you out”. He touched my thigh, he licked my private part. At that time, I was like almost black out, I thought I was going to die. He took my hand to touch his penis, tried to make me masturbate him. He then masturbated himself and saying “come on, come on”. I did not know how long it take. Then I managed to escape. I moved to a corner of the bed, the pillow side near the window like fetal position”. In other words, the Defendant only managed to move to the corner of the bed and curl up in a ball after the alleged oral sex and masturbation. There was also no mention that X was masturbating “in her face” or said “suck my dick”. However, in Court, the Defendant asserted that as X continued to sodomize her, “I then managed to swing forward into the corner of the bed. I was lying in a ball and then he began coming towards my vagina, saying let me lick you out. At this point, quite a few things happened and I screamed “I haven’t shaved” and I kicked him off of me but then he came forward and was masturbating in my face, saying “come on, come on, suck my dick, suck my dick”. In other words, the Defendant only managed to move to the corner of the bed after the alleged oral sex and masturbation. It was also the first time that the Defendant has ever mentioned that X masturbated in her face or said “suck my dick”. The sequence of events described by the Defendant in her viva vice evidence was also inconsistent with the case put to X. According to the case put to X, the Defendant only moved to the corner of the bed after the alleged oral sex and masturbation;
(17) In her witness statement, the Defendant alleged “He took my hand to touch his penis, tried to make me masturbate him. He then masturbated himself”. In her initial description of the alleged rape, the Defendant never alleged that X tried to get her to touch his penis. It was only when she was asked to explain what “in her face” meant, she said “He was touching his penis with his hand. He also tried to get me to touch his penis with my hand. When she was asked to explain how X tried to get her to touch his penis with her hand, she said “by saying come on, come on, suck my dick, suck my dick”. In other words, X never took her hand to touch his penis;
(18) According to the Defendant, she was lying face down on the bed when X sodomized her. X was lying on top of her. It was the Defence case that X was much stronger than the Defendant. It was difficult to see how the Defendant could have swung forward into the corner of the bed when X had his full weight in her;
(19) In her witness statement, the Defendant never mentioned that X asked her to perform oral sex on him at all. She only mentioned that X performed oral sex on her [P6 para 4]. No oral sex at all was mentioned in the Forensic Medical Report [D1]. The Defendant only mentioned that X asked her to perform oral sex on him for the first time in Court;
(20) Counsel suggested to X that he started to masturbate himself after the Defendant refused to perform oral sex on him; he said “come on, come on” as he masturbated. However, according to the Defendant’s evidence in Court, X asked her to perform oral sex on him as he was masturbating and he said “come in, come in, suck my dick, suck my dick”;
(21) According to the Defendant’s testimony in Court, X raped and sodomized her despite her repeated refusal. However, he respected her wishes when she refused to masturbate him or perform oral sex on him and just said “let’s go to sleep”. This is wholly incredible;
(22) The Defendant never mentioned in her witness statement or in her description of the alleged rape that X bit her. In the Forensic Medical Report, the Defendant told the doctor that she bit X. Subsequently, Counsel suddenly asked “when the bite happened, how did he bite you?”. It was only then that the Defendant alleged for the first time that X bit her in the back when he flipped her over;
(23) In her witness statement, she alleged that she was “coughing and threw up”. In her WhatsApp messages to X [P3A(1433-1438)], she gave the same explanation. However, in Court, the Defendant alleged that she vomited because of the shock and after effects of the alleged rape;
(24) Counsel put it to X that the Defendant “laid in bed” with no pants or shorts on before she went to the sitting room because of her cough. The Defendant alleged that she remained in a foetal position in the corner of the bed before she went into the sitting room;
(25) The Defendant stated that she remained in bed after X left for work, she was very scared and was crying and shaking. The Defendant explained that this was because she had not slept at all after the alleged rape. However, in her WhatsApp messages to X, she stated that she had been “catching up on sleep after last night”. However, immediately after she said she had to catch up on sleep, the Defendant told X that she had “just been chilling” [P3A(1329-1330)];
(26) The Defendant stated that she only entertained X with his sexual conversation to “keep him sweet”. However, it was clear that it was the Defendant who initiated and persisted in the conversation about sex;
(27) At 16:01:23 [P3(1433)], the Defendant told X that she may book herself into a hotel if she coughed all night that night. She blamed the cough because she was not yet safe, her things were still in X’s flat and she did not want X to know the reason for leaving X’s flat. The Defendant could have left X’s flat at any time. She could have just left without telling him about her move to a hotel. In fact, the Defendant did not even have to engage in any conversation with X. X had already told her that he was very busy at work;
(28) Although the Defendant did say at P3A(1329) that she “needed to catch up on sleep”, she gave a completely different reason for her lack of sleep. The Defendant explained what happened to her the previous night at P3A(1433-1456), that she had coughed all night and even vomited. She alleged that she felt “really uncomfortable” but assured X that her discomfort had nothing to do with X [P3A(1442-1443)]. It was all because she was coughing all night;
(29) The Defendant asserted that she kept shouting “no” during the alleged rape. If that were true, it would have been obvious to X that the alleged sex was non-consensual. During the sodomy, X even told her that he knew that this was not what she wanted. However, when the Defendant was asked to explain why she apologized to X for not wanting to have sex [P3A(1459)]. She explained that she did not want to tell X directly that he had raped her yet;
(30) Not only did the Defendant allege that she was raped by X, she also asserted that X sodomized her. There was no mention of sodomy in the WhatsApp messages;
(31) Initially, the Defendant said that she told her mother about the alleged rape at about 5 pm. Later, she said that she told her mother between 17:51 and 17:56;
(32) The Defendant stated that she went to “The Mansion” because she could not stop crying. However, she was clearly not crying in any of the CCTV footages of her leaving X’s flat [P5];
(33) In her evidence, the Defendant stated that she took a taxi to X’s building to collect the First Aid kit. In her witness statement, she said she took an “Uber taxi” to X’s building [P6 para 5]. Uber can only be paid with a credit card. Since the Defendant did not have the use of her credit cards, it is difficult to see how she could have taken an Uber taxi;
(34) In her evidence, the Defendant stated that she went to the Ruttonjee Hospital to report the rape. After she reported the rape, they sent 2 female police officers and a social worker to investigate from the Defendant. In other words, it was the hospital that reported the rape to the police. Firstly, it is extraordinary for the Defendant and her mother to think that a rape should be reported to A hospital. Further, in her witness statement, the Defendant only said that she told a nurse what happened. It was the nurse who found Ms Pang, the social worker, who in turn reported the matter to the police. The hospital did not report the rape to the police, Ms Pang did;
(35) The Defendant stated in her evidence that she told PW3 that X asked the Defendant to perform oral sex on him but it was not recorded by PW3. She said that X asked for oral sex by saying “come on, come in, suck my dick, suck my dick” as he masturbated himself. This was never even suggested to PW3 in cross-examination;
(36) The Defendant signed her witness statement despite the mistakes and / or inaccuracies because she was told that this was not the official statement and that she would be able to make amendments after signing it. She was told that the official witness statement would be in the form of a video recorded interview. The Defendant clearly understood English. She signed the declaration of truth and knew that it was a criminal offence to knowingly make a false statement. The Defence tried to blame the mistakes on PW3’s “poor English” and the mistaken belief that this was not an official statement. However, the Defendant was accompanied by Ms Pang, a social worker from Rainlily throughout the interview;
(37) The Defendant stated that 2 police officers from another district drove her around to various locations related to the rape. This is incredible. According to the Defendant, she was questioned by 2 female police officers at the hospital. Those police officers discovered that the case did not belong to their district. It was extraordinary for those 2 female officers to hand the Defendant to another 2 police officers in the wrong district. The alleged rape took place in X’s flat. That was the only location related to the rape. There were no other locations related to the alleged rape;
(38) The Defendant explained that during the interview, PW3 told the Defendant about X’s arrest which made her feel uncomfortable. She was scared of being in the same building as X and was worried about bumping into X. Since the Defendant decided to report the alleged rape to the police, the least she would expect was for X to be arrested. If X had been arrested, he would be under police custody. The Defendant was in a police station. There was no reason for her to feel scared;
(39) The Defendant stated that she took a video of her injuries at about 8 pm on 2 February 2024. That video was produced as D3. Pages 1, 2, 4 are screenshots from this video. Page 3 is a screenshot from another video taken by the Defendant. The screenshots were produced as D2. Surprisingly, the videos and screenshots were never shown to PW4 to confirm that they were the same injuries that he saw. Further, according to the Forensic Medical Report [D1], PW4 only found 2 “patchy bruises (reddish) on both sides of the Defendant’s neck. The screenshots [D2] showed 4 reddish areas (left, right and front of neck and near the collar bone);
(40) The Defendant explained that she was filming the bruises on her chest and neck. Firstly, no reddish mark or bruise on the chest was shown in the screenshots. There was a reddish mark near her collar bone. However, PW4 did not find any reddish mark or bruise on the Defendant’s chest or near her collar bone;
(41) The size of the alleged bruises on the Defendant’s neck is also inconsistent with the patchy reddish bruise found by PW4. According to D1, the patchy reddish marks on the Defendant’s left neck measured 6 x 4 cm. The reddish marks in D2 photos 1 and 2 ran from her jaw line down to the bottom of her neck. According to D1, the patchy reddish marks on the Defendant’s right neck measured 2 x 1 cm. The reddish marks in D2 photo 5 ran from her jaw line to the bottom of her neck. D1 did not show any reddish marks in the front of the Defendant’s neck;
(42) In her evidence in chief, the Defendant explained that she suggested booking a hotel room “as a back up” [P3A(657)] because she found out that there was only 1 bed in X’s flat. However, under cross examination, she denied that she knew by this time that she and X would sleep in the same bed. Not only are her answers self-contradictory, her answer under cross examination was contrary to the undisputed evidence [P3A(648-668)];
(43) Under cross examination, the Defendant explained that she looked for her telephone after the alleged rape because she wanted to call the police or someone who could help her to leave X’s flat. It is not in dispute that even after X left for work and before going to the museum, the Defendant never telephoned the police or anyone else for help. She asserted that her priority was getting out of X’s flat, but there was no dispute that after X left for work, the Defendant stayed in X’s flat for the best part of the day.
(44) In her evidence in chief, the Defendant stated that 2 female officers and a social worker were sent to the hospital after she told the nurse what happened. However, under cross-examination, the Defendant denied that she saw these 2 female police officers but then asserted that she reported the alleged rape to them;
Charge 1
205. In respect of Charge 1, Counsel submitted that the Defendant’s denial of blackmail was supported by the WhatsApp messages.
206. I disagree:
(1) In her witness statement, the Defendant told the police that X “borrowed me 500 pounds in Thailand and didn’t repay me until 2024-02-02” [P6 para 8]. It was suggested by herself that instead of “borrowed”, the Defendant says “lent”. There was no dispute that the Defendant and X only saw each other once in Thailand on 28 December 2023. In the WhatsApp messages on 29 December 2023, the Defendant only asked for a loan once. It was for 2,000 baht. Since they did not meet in person again in Thailand, X could not have lent the Defendant any cash. At the time, the Defendant alleged that her bank accounts were all blocked. She could not have transferred by money to X either. The amount of the loan was 2,000 baht and not £500. The Defendant continued in her witness statement that “in the morning on 2024-02-02, I received 5,000 pounds on my bank account which was transferred from him. I thought he may want me to keep my mouth shut” [P6 para 8]. Firstly, there can be no dispute that X never owed her any loan. Secondly, the only discussion about any possible loan was in the amount of 2,000 baht;
(2) However, in Court, the Defendant alleged that X offered £2,000, £5,000 or more in the voice call at P3A(1491), as compensation to “fix things” after the alleged rape. This was wholly inconsistent with the explanation in her witness statement;
(3) In her witness statement, the Defendant suggested that X sent her £5,000 on 2 February 2024 without any prior discussion, she thought X may want her to keep her mouth shut [P6 para 8]. However, in the WhatsApp messages, it was the Defendant who asked X to pay her the money that X allegedly owed her. She never told the police that she had demanded payment from X;
(4) The Defendant alleged that during the telephone call at P3A(1491), X offered her £2,000, £5,000 or more to “fix things”. This was wholly inconsistent with the WhatsApp messages. When the Defendant demanded payment of money that X “owed her”, X was evidently surprised and pointed out that he did not owe the Defendant any money. The Defendant then asked X to send her “the right amount”. When X offered to send her £2,000 to cover her hotel, flights and other expenses, the Defendant demanded £5,000. If X had ever promised to pay the Defendant £5,000 or more in the voice call, he would not be surprised by the amount. However, he said “That’s more than I carry in cash but should be able to get that to you by the end of the day to your account” [P3A(1503)]. The Defendant immediately escalated the amount to £10,000 [P3A(1497-1504)];
(5) In Court, the Defendant explained that she had asked X for money because she was ‘covered in bruises”. This was clearly inconsistent with the Forensic Medical Report where PW4 only found patchy bruises (reddish) on both sides of the Defendant’s neck [D1]. The Defendant then immediately changed her evidence and said that “she felt” that she was covered in bruises;
(6) The Defendant explained that she had escalated the demand of money from £5,000 to £10,000 because “after seeing and realizing the damage he had done, there were things I would now have to pay for and I didn’t feel like 5K would be enough”. These include hotel expenses, flights, medical expenses and her mother coming to Hong Kong She demanded £5,000 at 07:36:55. The demand was escalated to £10,000 at 07:41:46, i.e, after 5 minutes [P3A(1502-1504)]. When she was asked why the demand was escalated to £10,000, she said that she was referring to the telephone call on the previous night. If the amount had already been offered by X the previous night, the Defendant would not have to say “Technically it was £10K”;
(7) Initially, the Defendant alleged that X had offered £2,000, £5,000 or more during the voice call. Subsequently, she changed her evidence and stated that she had increased her demand after seeing the extent of the damage;
(8) The Defendant then said “you’ve given 10% of what I’m owed, 100% of my soul gone. We will speak this evening, no value on what you’ve done” [P3A(1525)]. She said that she wanted X to know that he had taken 100% of her soul and no amount or gift would “fix it”. However, she then said “you are good at maths, so I’m sure you can work it out” [P3A(1529)]. The Defendant explained that she had not yet received the full £10,000 and she just wanted X to figure the amount out. This explanation is absolutely absurd. There was no dispute that X had already successfully transferred £5,000 to the Defendant and sent her the transfer confirmation [P3A(1515)]. If the amount to be paid were £10,000, then X would have already paid 50% and not 10%. She could not explain why she said X has only paid 10% of what he owed her;
(9) When X offered to pay the Defendant £2,000 to cover her hotel, flight and miscellaneous expenses, the Defendant stated that she remembered that X owed her £5,000. When X agreed to transfer the £5,000, the Defendant raised the amount to £10,000. The Defendant then stated that X had only paid her 10% of what he owed her. The Defendant explained that she only wanted X to know that he had taken 100% of her soul and no amount or gift could rectify what he had done. She was only referring to £10,000 that X had agreed to pay. This was wholly inconsistent with the subsequent messages. When X said he could not pay £100,000, the Defendant never denied that her demand was for £100,000. She even told X to work it out [P3A(1501-1547)];
(10) The Defendant admitted that there were 4 disappearing messages [P3A(1537), (1539), (1540) and (1543)]. She explained that in those messages, she basically accused X was a rapist, X’s mother would not want a son who was a rapist, his mother raised X as a rapist, X’s mother was arriving in 2 days and would have to face the fact that X was a rapist. The Defendant said she sent disappearing messages because she was accusing X of rape and she was embarrassed. This is ridiculous. She had already explicitly accused X of raping her in P3A(1481-1487). Yet she never deleted those messages.
207. I found the Defendant thoroughly dishonest, incredible and unreliable. I reject her evidence.
DW1
208. I did not believe the evidence of DW1 either. His evidence was self-contradictory and inconsistent with the Defendant:
(1) DW1 was asked about the period he worked at “The Mansion”. Initially, he said he worked there from 1 February to 7 February. When the question was repeated, he changed his evidence and alleged that he worked at that bar from November 2023 to February 2025;
(2) The Defendant stated that she left “The Mansion” bar at about 7:30 pm. However, DW1 stated that he saw the Defendant inside the bar at around 6 pm to 9 pm, during happy hour;
(3) Initially, DW1 stated that the Defendant was wearing white ‘track suit” and a grey jacket. When the question was repeated, he changed his evidence and said that the Defendant was wearing a grey sweater;
(4) The Defendant stated that DW1 was the bartender. DW1 said that he was the bar manager;
(5) Initially, DW1 stated that he saw the Defendant was crying and shaking when he brought the beer to her table. He left the beer on the table and left her alone. When he was asked what happened next, he said he tried to start a conversation, but he then realized that the Defendant’s eyes were watery and he left her alone;
(6) DW1 stated that he recalled that he saw the Defendant on 1 February 2024 because he paid the bar’s DJ on the same day. DW1 was only the bar manager. There was no reason for him to pay the DJ with his personal account;
(7) DW1 stated that the Defendant asked to smoke inside the bar but he refused. He then showed her to the sofa near the balcony where she could smoke. However, according to D1-6, the sofa where the Defendant was sitting was still indoors. There was also no balcony in the photo;
(8) DW1 stated that the furniture at the location where the Defendant sat was subsequently changed. D6-1 showed the furniture prior to the change whereas D6-2 showed the same location after the change of furniture. These two photographs obviously showed two different locations. In D6-1, the wall was on the right hand side. If D6-2 was taken from the opposite side of the room, the wall should be on the left;
(9) The Defendant stated that she left the bar at around 7:30 pm. DW1 stated that he effected the bank transfer to the DJ at 7:24 pm and the Defendant left the bar about an hour after he effected the bank transfer. In other words, it was his evidence that the Defendant left at around 8:30 pm, not 7:30 pm.
209. I did not find DW1 to be honest, credible or reliable. I reject his evidence.
The Law
Charge 1
210. Section 23(1) of the Theft Ordinance (Cap. 210) provides:
“A person commits blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief -
(a) that he has reasonable grounds for making the demand; and
(b) that the use of the menaces is a proper means of reinforcing the demand.”
211. In other words, for Charge 1, the prosecution has to prove:
(1) a demand with;
(2) menaces was made;
(3) that it was unwarranted; and
(4) that at the time of making the demand the defendant made it with a view to gain for himself or another or with intent to cause loss to another.
[Archbold 2026 §§22-216]
212. In HKSAR v Law Kwok Sang CACC 330/2001, the Court of Appeal stated:
“13. The word 'demand' is not defined in s. 23 of the Theft Ordinance. Earlier authorities have established that the demand need not be openly expressed. As was pointed out in R v Studer [1915] 85 LJ KB 1017, 'it may in language be only a request'.
14. In Thorne v Motor Trade Association [1937] AC 797 (HL) at p. 817, Lord Wright observed that the word 'menaces' is to be liberally construed and is not limited to threats of violence, but includes threats of any action detrimental, or unpleasant, to the person addressed. It may also include a warning that in certain events such action is intended.
15. In this case it was for the trial judge to determine the true meaning and effect of what D2 said by reference to the whole of the circumstances of the case.”
213. In 香港特別行政區訴陳濱松及另一人 (CACC 229/2014, 16 July 2015, unreported), the Court of Appeal stated:
「78. 在 R v Clear [1968] 52 Cr App R 58 案，英國的上訴法庭在處理如何構成勒索罪行所指的 “恫嚇”時，有以下表述：
“Words or conduct which would not intimidate or influence anyone to respond to the demand would not be menaces …… but threats and conduct of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to accede unwillingly to the demand would be sufficient for a jury’s consideration… “
79. Lord Wright在Thorne v Motor Trade Association [1937] AC 797案的判案書，第817頁就“恫嚇”一詞有以下表述：
“I think the word ‘menace’ is to be liberally construed and not as limited to threats of violence but as including any threats of any action detrimental to or unpleasant to the person addressed.”」
Charge 2
214. Perverting the course of public justice is a common law offence. The ingredients of the offence were discussed by the Court of Final Appeal in HKSAR v Egan (2010) 13 HKCFAR 314 and HKSAR v Wong Chi Wai (2013) 16 HKCFAR 539. The Court of Final Appeal held that the elements of this offence are as follows:
(1) the actus reus is the doing of an act with the tendency to pervert the administration of justice; and
(2) the mens rea is the intention to pervert the course of justice.
215. In HKSAR v Wong Chi Wai (2013) 16 HKCFAR 539, the Court of Final Appeal held:
“30. An attempt to pervert the course of justice is “the doing of some act which has a tendency and is intended to pervert the administration of public justice.” The actus reus is thus the doing of the act with the prohibited tendency and the mens rea is the intention to pervert the course of justice.
31. With regard to the actus reus generally, the following propositions may be stated:
(a) Although it is called an “attempt”, it is a substantive offence. But like an inchoate offence, it is committed even where the act with the prohibited tendency does not actually result in interference with the course of justice.
(b) A person’s conduct has a tendency to pervert the course of justice if it has a tendency towards “impairing (or preventing the exercise of) the capacity of a court or competent judicial authority to do justice”.
(c) The tendency must involve impairing the administration of justice in curial proceedings. Conduct with a tendency to result in unlawfulness which does not interfere with curial proceedings does not constitute the offence.
32. The following propositions may be stated in respect of the mens rea of the offence:
(a) To prove that a defendant intended to pervert the course of justice, it is necessary to prove that he knew that his conduct would have or that he intended it to have a tendency to pervert the course of justice in relation to the curial proceedings in question.
(b) Where his conduct has a manifest tendency to pervert the course of justice, the required intention may readily be inferred from proof that the defendant intended to perform the relevant act. But where the act does not manifestly have the prohibited tendency, it is necessary to prove the abovementioned specific intent on the defendant’s part.”
Discussion
216. The legal principles in relation to the two charges in this case are not in dispute. I will now apply those legal principles to the facts i found.
217. I have accepted X’s evidence. The WhatsApp messages between X and the Defendant were not in dispute. It was clear from the evidence that:
(1) X and the Defendant met in Thailand;
(2) they met in the beach and kissed;
(3) in the WhatsApp messages, the Defendant gave every indication that she was romantically interested in X;
(4) the Defendant used the romantic connection to manipulate X into paying for her trip to Hong Kong;
(5) after the Defendant’s arrival in Hong Kong, she was intimate with X but stopped short of having penetrative intercourse. X never raped or sodomized the Defendant;
(6) after initiating a sexual conversation with X, the Defendant suddenly accused X of “violating” and “raping” her. That allegation was false;
(7) although X never owed the Defendant any money, the Defendant then proceeded to ask X to pay her the money that X owed her;
(8) When X offered to send her £2,000 to cover her hotel rental, flights and other expenses in Hong Kong, the Defendant asked for escalating amounts of money from X and set a deadline for payment. The final amount before the Defendant reported to the police was £100,000;
(9) the Defendant told X if her request for payment was not met by the deadline, she would go to the police to report a crime;
(10) the amount of money demanded by the Defendant was not paid;
(11) the Defendant then reported to the police that she had been raped by X. She also told PW4 that she was sodomized by X. She made a witness statement. It was clear that she intended for X to be arrested and prosecuted for rape. She told the police in her witness statement:
“10. … I request to have a petition (partition) in court room and a special entrance for me for court trial as I don’t want to see this man again and let public members to see me.”
(12) as a result of the Defendant’s allegations, X was arrested;
218. In relation to Charge 1, it was crystal clear that the Defendant made demands for escalating amounts of money from X. The demands were unwarranted. The alleged rape was false. The Defendant knew that her allegation was false. There was absolutely no reason for the Defendant to believe that she was entitled to the amounts she demanded from X. The Defendant threatened to go to the police to report a crime if her demands were not met. In the light of her allegations of rape in the WhatsApp messages, the only and irresistible inference is that she would go to the police and report that X had raped her. An allegation of sexual assault is very easy to make but extremely difficult to rebut. The threat to make the false report to the police was clearly detrimental or unpleasant for any ordinary person. The only reason for the threat was to influence X to pay the Defendant the £100,000 she demanded.
Charge 2
219. The Defendant did in fact report to the police that she was raped by X. She also told PW4 that she was sodomized by X. Those allegations were false. The Defendant knew that those allegations were false. She caused X to be arrested. The Defendant knew that the matter would be brought to court. She even made requests for a partition and the use of a special entrance in court. The Defendant’s actions had a tendency to pervert the course of justice and was clearly intended to pervert the course of justice.
220. I find that the prosecution has proved both charges beyond all reasonable doubt. The Defendant is accordingly convicted as charged.
( A N Tse Ching )
District Judge