Hong Kong Case Law: Decisions & Judgments

Topic

Display of indecent matter

Legal area

Court

22 Jan 1999

HKSAR v. LAU WOOD WAH

Citation

HKSAR v. LAU WOOD WAH
Court

Court of First Instance
Case number

HCMA870/1998

The magistrate's sentences were upheld because the extreme sexual content (including bestiality and buggery), large quantity of material, availability to young customers, and commission while on bail justified upper‑end starting points; the plea reduction of one quarter was appropriate as pleas were not at first instance; cumulative sentences respected the principle of totality; and fines and costs related to separate offences and were within the magistrate's discretion, therefore the sentences were not manifestly excessive.
22 Jan 1999

HKSAR v. LAU WOOD WAH

Citation

HKSAR v. LAU WOOD WAH
Court

Court of First Instance
Case number

HCMA823/1998

The magistrate did not err in principle nor impose a manifestly excessive sentence: given extreme content (including bestiality and buggery), large volume of material, young clientele and re‑offending on bail, a high starting point and a one‑quarter plea reduction were justified; the totality principle was properly applied in limiting the cumulative sentence; fines and costs were lawful separate penalties and not double punishment.
28 Apr 1998

HKSAR v. CHAN CHUI LAP

Citation

HKSAR v. CHAN CHUI LAP
Court

Court of First Instance
Case number

HCMA313/1998

The court upheld the Magistrate's sentence because the Magistrate properly adopted a three-month starting point for the possession offence, reduced it to one month to reflect the guilty plea, and reasonably took into account the appellant's extensive record including similar prior convictions; therefore the sentence was not excessive and the appeal failed.

Hong Kong Case Law

HKSAR v. LAU WOOD WAH

HKSAR v. LAU WOOD WAH

HKSAR v. CHAN CHUI LAP