HKSAR v. LEE KIN KEUNG

HCMA284/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 284 OF 1999

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J U D G M E N T

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1. The Appellant entered a plea of guilty to offering for sale infringing copies of copyright works for the purpose of trade or business in that he offered for sale 2,855 video compact discs. The learned Magistrate taking as a starting point a sentence of 18 months' imprisonment, reduced it to a sentence of 12 months' imprisonment by virtue of the plea and all those other matters which were appropriate.

2. I have the benefit before me of statistics on copyright cases for seizures involving video compact discs in a quantity from 3,000 to 5,000 units. In 20 instances, there are 10 instances of immediate custodial sentences, one of which is 12 months' imprisonment with all of rest being nine months or less. The other 10 sentences were Detention Centre, DATC and on three occasions 12 months' probation. It is clear, therefore, that the general run of sentences take as a high point about nine months' imprisonment and that a starting point of 18 months with the normal one-third reduction could well give rise to a sentence causing in the accused a sense of grievance. The learned Magistrate did not have the benefit, it appears, of these statistics, and had he had that benefit, he may have pitched his starting point a little lower.

3. In all the circumstances, I allow the appeal. I take as a starting point 14 months' imprisonment and giving the same credit or a little more than the Magistrate, I allow the appeal to the extent that the sentence is reduced to one of nine months' imprisonment.