HKSAR v. Leung Chun Fan
Read the full judgment text of HCMA 616/2004 on BabelCite. This High Court CFI judgment was delivered on 25 August 2004.
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.
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HCMA000616/2004 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) ____________
____________ Coram: Deputy High Court Judge Wright in Court Date of Hearing: 25 August 2004 Date of Judgment: 25 August 2004 _______________ J U D G M E N T _______________ 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.
Representation: Ms Kathie Cheung, GC of Department of Justice, for the Respondent The Appellant, in person |