HKSAR v. CHAN YUET WING

HCMA 741/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 741 OF 1999

(On Appeal from NKCC 3251 of 1999)

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J U D G M E N T

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1. The Appellant appeals against his sentence imposed in respect of one charge of Publishing an Obscene Article contrary to the Control of Obscene and Indecent Articles Ordinance, Cap. 390. This related to 7 obscene VCDs. Appellant admitted at trial that the VCDs were obscene. His grounds of appeal were that the sentence was too harsh and that other offenders he had met in prison had been given lower sentences for similar offences.

2. The Magistrate in sentencing took into account that this was a prevalent offence in the Kowloon area and that there had been a significant increase in the number of offenders since May 1999. He took the view that a generally deterrent sentence was necessary. He also noted that this particular Appellant had one previous conviction for a similar offence which enabled him to take a higher starting point than the average starting point of 12 months' imprisonment.

3. The Magistrate took a starting point of 15 months and gave this Appellant full credit for his plea of guilty which resulted in a one-third discount. On that basis a 10 month sentence was passed. The Magistrate treated the content of the VCDs as at the lower end of the scale of obscenity.

4. I have considered the matters canvassed by the Magistrate in his Reasons for Sentence. I can see no justification for interfering with the sentence. This is a proper deterrent sentence and the Magistrate did not impose a sentence higher than the appropriate range.

5. This appeal against sentence is dismissed.