Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession of obscene article for publication

Legal area

Court

10 Apr 2001

HKSAR v. CHENG KOON CHAU

Citation

HKSAR v. CHENG KOON CHAU
Court

Court of First Instance
Case number

HCMA176/2001

The Court upheld the starting point of 18 months imprisonment for a persistent offender and allowed a one-third reduction for the guilty plea, producing the custodial term of 12 months; the fine was reduced from $10,000 to $5,000 because the magistrate had wrongly treated the matter as two charges when imposing the fine, but the imprisonment sentence was affirmed.
31 Mar 1999

HKSAR v. POON KI CHIU

Citation

HKSAR v. POON KI CHIU
Court

Court of First Instance
Case number

HCMA209/1999

The Court held that a starting point of 12 months imprisonment was appropriate for possession of 429 obscene VCDs but that the appellant, having entered a timely guilty plea, was entitled to the usual one‑third reduction; being caught red‑handed did not justify denying the full discount, so the sentence of nine months was set aside and replaced with eight months imprisonment.