Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Making child pornography

  • 8 Oct 2020

    HKSAR v. LAW CHUN YIN

    Citation
    [2020] HKCA 810
    Court
    Court of Appeal
    Case number
    CACC216/2019

    Having applied Yeung Ho Nam and assessed the aggravating and mitigating factors (notably a 15-year age gap, manipulation/coercion, paedophilic disorder and high re-offending risk, sadistic elements in videos, absence of condoms, prior like offences and psychological harm to the victim), the court held a 4.5-year starting point appropriate for each buggery charge; after the one-third plea reduction and ordering specified concurrency and partial consecutivity the appropriate overall term is 8 years, and the appeal is allowed to reduce the sentence from 8½ to 8 years.

  • 27 Jul 2016

    HKSAR v. IPP TIN FAN

    Citation
    HKSAR v. IPP TIN FAN
    Court
    Court of Appeal
    Case number
    CACC9/2016

    The Court held the appellant's overall sentence of 34 months imprisonment was not manifestly excessive and dismissed the appeal; it confirmed that making child pornography under s3(1) attracts higher starting points than possession, set appropriate starting points (at least 18 months for making child pornography and around 4 years for the indecent assault given aggravating factors), directed that when the maker of the pornography is the perpetrator the making should generally run concurrent with the sexual offence to avoid double counting, and gave binding guidance on classification (digital…

  • 26 May 2016

    HKSAR v. IPP TIN FAN

    Citation
    HKSAR v. IPP TIN FAN
    Court
    Court of Appeal
    Case number
    CACC9/2016

    Leave to appeal against sentence was granted because grounds challenging the judge's stipulated starting points and the partial consecutive order were reasonably arguable: the judge may have double-counted the making of child pornography as an aggravating factor for indecent assault and, in light of authority that related making of child pornography should run concurrently with corresponding sexual offence sentences and the lack of fixed tariffs and limited comparators, the appeal merited substantive consideration.