Secretary for Justice v. Man Kwong Choi

[2008] HKEC 1172 (2008)

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Secretary for Justice v. Man Kwong Choi

Hong Kong Court of Appeal
[2008] HKEC 1172 (2008)

Facts

Hong Kong’s secretary for justice (plaintiff) successfully prosecuted Man Kwong Choi and another man (defendants) for violating Hong Kong’s Prevention of Child Pornography Ordinance (PCPO). Each man had been found in possession of hundreds of graphic child-pornographic images, which the men kept for their private uses. The first man had a prior conviction for sexually assaulting a minor. This man’s stash predominantly included images of children engaging in sex with adults. This man appealed his six-months’ suspended prison sentence and $20,000 fine. The second man, who was under the age of 21, kept images that predominantly showed children engaged in solo erotic or sexual acts. This man appealed his sentence to perform 200 hours of community service. Before considering these appeals, the Hong Kong Court of Appeal disapprovingly noted the inconsistency and disparity of sentences handed down for PCPO violations.

Rule of Law

Issue

Holding and Reasoning (Ma, C.J.)

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