Hong Kong Case Law: Decisions & Judgments

Topic

Possession for publication of obscene articles

Legal area

Court

12 Dec 2019

香港特別行政區訴王偉

Citation

[2019] HKCFI 2948
Court

Court of First Instance
Case number

HCMA250/2019

The appeal is dismissed because the sentencing judge did not err in principle or impose a manifestly excessive sentence: given the large quantities involved, the applicant's extensive and recent record of similar convictions and failure of prior custody to deter, the sentencing starting points of 18 months (possession for publication) and 9 months (publication) with a one-third guilty plea reduction and partial concurrency producing an aggregate 18 months were appropriate and within a reasonable range.
14 Jan 2016

香港特別行政區訴黃子榮

Citation

香港特別行政區訴黃子榮
Court

Court of First Instance
Case number

HCMA737/2015

Given the large number of DVDs (3,937), the explicit sexual content, the premises and the appellant's 41 prior convictions (including similar offences), a 12‑month starting point was appropriate; applying a one‑third reduction for plea produced an 8‑month sentence which was not manifestly excessive, so the appeal is dismissed.
25 Aug 2011

HKSAR v. LAI YAT BING

Citation

HKSAR v. LAI YAT BING
Court

Court of First Instance
Case number

HCMA514/2011

The appeal is dismissed because the magistrate did not err in principle: the $10,000 fine was not excessive in light of the quantity and estimated value of the DVDs, the appellant's role as a seller, and the magistrate's enquiry into means to pay; the sentence and fine are consistent with established authority permitting fines in addition to custody.
27 Sept 2001

HKSAR v. TSEUNG LUNG KAN

Citation

HKSAR v. TSEUNG LUNG KAN
Court

Court of First Instance
Case number

HCMA724/2001

The magistrate did not err in principle in imposing concurrent and consecutive terms totalling 19 months' imprisonment and fines totalling HK$40,000; the combined sentence was within the appropriate range for large-scale possession of obscene VCDs and the appellant's unemployment and receipt of public assistance did not render the fines beyond his means given the magistrate's consideration of all circumstances.

Hong Kong Case Law

香港特別行政區 訴 王偉

香港特別行政區 訴 黃子榮

HKSAR v. LAI YAT BING

HKSAR v. TSEUNG LUNG KAN

香港特別行政區訴王偉

香港特別行政區訴黃子榮