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 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.
Ms Kathie Cheung, GC of Department of Justice, for the Respondent
The Appellant, in person