18 Nov 2014
HKSAR v. HO KA KEI RICKY
- Citation
- HKSAR v. HO KA KEI RICKY
- Court
- Court of First Instance
- Case number
- HCMA436/2013
The magistrate was entitled to apply the common‑sense category of s17B(2) cases where upskirt filming in a public place is likely to provoke a breach of the peace among nearby members of the public; the discrepancies in evidence were properly found immaterial; conviction is affirmed. On sentence, deterrence is the dominant principle for this class of offence and a two‑month custodial sentence after trial is appropriate; no aggravation for proximity to a police station was justified, so the original 10‑week term is replaced by 2 months' imprisonment.