HKSAR v. LEUNG CHUN FAN

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)

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BETWEEN
HKSAR Respondent
AND
LEUNG CHUN FAN Appellant

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Coram: Deputy High Court Judge Wright in Court

Date of Hearing: 25 August 2004

Date of Judgment: 25 August 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 publishingobscene articles, one of possession of obscene articles for publication. In addition the Appellant was ordered to pay a fine of $10,000.00on each charge. There were four obscene DVDs in respect of the first charge and 2,963 obscene DVDs and VCDs in respect of the secondcharge.

2. The offences occurred in a shopping centre described, justifiably, by the Magistrate as a “notorious outlet”. The Appellant has ahistory 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, thatthe Appellant was able to pay the fines.

4. The appeal is dismissed.

(A R Wright)
Deputy Judge of the Court of First Instance
High Court

Representation:

Ms Kathie Cheung, GC of Department of Justice, for the Respondent

The Appellant, in person