HKSAR v. WONG MAN WAI

HCMA159/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.159 OF 2003

(ON APPEAL FROM TWCC 382 OF 2003)

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J U D G M E N T

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1. This appellant appeared before the magistrate at Tsuen Wan Magistrates' Court facing a single charge of possession of obscene articles for the purpose of publication, contrary to section 21(1)(b) of the Control of Obscene and Indecent Articles Ordinance, Cap.390. He pleaded guilty and was sentenced to eight months' imprisonment and fined $5,000 with 14 days' imprisonment in default of payment. He now complains that the sentence was too severe.

2. The facts which he admitted are all too familiar. He was arrested of selling obscene discs at a shop in Tsuen Wan. A total of 384 discs were displayed on the shelves and they show a variety of sexual acts.

3. The appellant is 37 and has 16 previous convictions. The majority of which are for drug offences. He has two convictions for offences similar to that appealed against today.

4. The starting point for offences of this nature has recently been between 15 and 18 months together with fines. The magistrate in this case has saw fit to sentence more leniently starting at 12 months and reducing that to eight months to recognise his guilty plea. There is nothing in the circumstances of this case to suggest that I should interfere and the appeal is dismissed.