HKSAR v. LEUNG CHUN FAN

HCMA 616/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 616 OF 2004

(ON APPEAL FROM ESCC No. 810/2004)

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J U D G M E N T

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1. The Appellant appeals sentences of eight months imprisonment imposed after a plea of guilty on each of two charges, one of publishing obscene articles, one of possession of obscene articles for publication. In addition the Appellant was ordered to pay a fine of $10,000.00 on each charge. There were four obscene DVDs in respect of the first charge and 2,963 obscene DVDs and VCDs in respect of the second charge.

2. The offences occurred in a shopping centre described, justifiably, by the Magistrate as a "notorious outlet". The Appellant has a history of 47 offences, the most recent being a similar offence committed last year in the same shopping centre.

3. The sentences were in accordance with current sentencing practice. The Magistrate satisfied himself, after hearing evidence, that the Appellant was able to pay the fines.

4. The appeal is dismissed.