IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 315 OF 1998 (On Appeal from ESC 4660/97) ____________ BETWEEN HKSAR Respondent and HIROYUKI TAKEDA Appellant ____________ Coram: Mr. Recorder Ching Y. Wong, S. C. in Court Date of Hearing: 17th July 1998 Date of Judgment: 17th July 1998 _______________ JUDGMENT _______________ On 25th of February this year, the Appellant pleaded guilty before a Magistrate sitting at the Eastern Magistracy to one charge of Publishing Obscene Articles and one charge of Possession of Obscene Articles for the Purposes of Publication contrary to S.21(1)(a) and (b) respectively of the Control Of Obscene and Indecent Articles Ordinance, Cap.309. On 11th March, having considered the psychiatric and background reports and the mitigations put forward, the learned Magistrate sentenced the Appellant to a