HKSAR v. SO CHI PONG

HCMA 1197/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1197 OF 2003

(ON APPEAL FROM ESCC 3330/2003)

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J U D G M E N T

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1. This Appellant pleaded guilty to one count of Possession of Obscene Articles for the Purpose of Publication, contrary to section 22(1)(b) of the Control of Obscene and Indecent Articles Ordinance, Cap. 390. He was sentenced to 8 months imprisonment and was fined $20,000; in default of payment, imprisonment for 3 months.

2. The Appellant appeals against the sentence on the ground that it was too severe and today asked the court not to fine him as much as $20,000 because he claimed he was an employee and did not have money.

3. The Magistrate, in his Reasons for Sentence, considered that imprisonment with a fine was the appropriate penalty as the Defendant had previously committed the same offence and had a long criminal record.

4. He took a starting point of 12 months imprisonment and allowed a reduction of 1/3 for the plea. It is quite obvious that the purpose of these sentences is deterrent and the Magistrate was not wrong in principle for imposing the fine in addition to the sentence of imprisonment.

5. In view of the large quantity of VCDs and DVDs involved in this case the starting point adopted by the Magistrate was quite lenient. This appeal against sentence is dismissed.