Hong Kong Case Law: Decisions & Judgments

Topic

Admitted facts under s.65c

Legal area

Court

8 Oct 1999

HKSAR v. YU MAN LUNG

Citation

HKSAR v. YU MAN LUNG
Court

Court of First Instance
Case number

HCMA704/1999

A magistrate may rely on defendants' s.65C admitted facts to find existence and level of obscenity without personally viewing tapes; the number of VCDs sold is only one factor among many and does not preclude a significant custodial starting point where the trade is prevalent and deterrence is required; the sentences imposed were not manifestly excessive and appeals are dismissed except where an erroneous calculation of plea discount required reduction of one sentence from nine to eight months.
8 Oct 1999

HKSAR v. CHU SAI PUN

Citation

HKSAR v. CHU SAI PUN
Court

Court of First Instance
Case number

HCMA795/1999

Where defendants admit obscenity by s.65C admitted facts and there is sufficient material to determine level, a magistrate is not obliged to watch every offending VCD; the number of items sold to undercover officers is only one factor and does not automatically mandate a substantially lower sentence; given the prevalence of the trade and need for deterrence the Magistrate's adoption of the higher starting point was not manifestly excessive and immediate custodial sentences were justified; appeals dismissed except HCMA704/99 where sentence reduced to reflect correct plea discount.
8 Oct 1999

HKSAR v. KWAN SHIU CHUNG

Citation

HKSAR v. KWAN SHIU CHUNG
Court

Court of First Instance
Case number

HCMA779/1999

A Magistrate may rely on s.65C admitted facts to determine the existence and level of obscenity without personally viewing the material; the Magistrate was entitled to adopt a 12‑month starting point for sentencing in light of the prevalence and organised nature of the trade and the need for deterrence; the individual sentences imposed (effectively 8 months for most appellants, and reduction to 8 months for Yu Man-lung to correct plea discount) were not manifestly excessive.

Hong Kong Case Law

HKSAR v. YU MAN LUNG

HKSAR v. CHU SAI PUN

HKSAR v. KWAN SHIU CHUNG