HKSAR v. WONG SUI YUK RAYMOND

DCCC 1177/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1177 of 2012

----------------------

---------------------

Reasons for Sentence

---------------------

1. Wong Sui-yuk, you have been convicted on your own plea of possession of child pornography, contrary to section 3(3) of the Prevention of Child Pornography Ordinance. The child pornography consisted of 89 video clips, 87 of which were found on your home computer, and two on DVDs, and 666 still images also found on the hard disc of your home computer.

2. Of the video clips on your home computer, 11 consisted of what is known as Level 3 Child Pornography depicting non-penetrative sexual activity between male children and adults and 11 consisted of Level 4 child pornography, the most serious category, depicting penetrative sexual activity between adults and male children.  The remaining video clips and all the 666 still images contained Level l and Level 2 pornography.

3. As you know, the prosecution follows a police raid at your home in the early hours of the morning of 16 August last year. 

4. You frankly admitted that you had child pornography on your computer which was in a folder protected by a password and you disclosed the password to the police.

5. You claimed, and this is not disputed, that the video clips and still images were solely for your own viewing and that nobody else knew the password to these files. 

6. You are a man of 48 of previous good character who has had a long career as an information technology manager.  It is apparent from the letters that have been submitted to me that you were well-regarded by your employers and colleagues.

7. In your letter to the court you said did not initially realise the seriousness of what you were doing.  Only since your arrest have you appreciated that your activity encourages others to harm and exploit children.  I have seen some of the images and it requires little imagination to see that young boys were being exploited and degraded by being photographed in this way and that this abuse, particularly in the case of Level 3 and Level 4 pornography, could well inflict long-term psychological damage on the children involved.

8. As I am sure you are now aware, the law takes a serious view of those who possess child pornography, particularly child pornography at Level 4.  The main consideration for the court must be to deter others from committing similar offences, and as Mr Kwan has informed me, you already appreciate that a sentence of imprisonment is inevitable. Nevertheless, I do bear in mind that there are mitigating circumstances in your case.

9. You are, as I have said, a man of 48 of previous good character.  I accept that these images were solely for your own viewing and they were protected by a password.  The boys involved were not very young, and the prosecution have conceded that they were aged between 12 and 16. 

10. The offence, I have been told, has caused you to resign your job and no doubt this offence has caused shame to you in the eyes of your friends and family. 

11. Bearing in mind all these circumstances, in this case I regard the appropriate starting point as 15 months’ imprisonment.  You have made no attempt to conceal your possession of these files and video clips, and you pleaded guilty before the court.  You are therefore entitled to a discount of one-third from the starting point that I mentioned.

12. I accordingly sentence you to 10 months’ imprisonment.