Former racing car driver Michael Lui Man-ho yesterday was acquitted of two under-age sex charges after the magistrate ruled there was a lack of evidence for one offence and a 'bare and marginal case' for the other.
The former Formula Three driver, 44, pleaded not guilty to having sex with a girl under 16 at the Cyber Heart Cafe in Woosung Street, Jordan, in October 2003. He also denied indecent conduct towards another girl aged under 16 in November, 2003.
But when the defence applied to have Mr Lui's legal costs recovered, Kowloon City Magistrate Bruce McNair rejected the application, saying 'the defendant has brought the charges on his own head'.
Mr McNair ruled that Mr Lui had no case to answer on the first charge and should be acquitted.
He accepted defence counsel Gary Plowman's submissions that 'identification evidence was weak' and evidence statements 'self-contradictory'.
As for the indecent-conduct charge, the magistrate said Mr Lui 'has the most meagre case to answer'.
'The case hasn't been proved beyond reasonable doubt,' he said.