由此
- 6 A
A
judge, that they were willing is correct as far as it goes but,
especially with the young and those in Hong Kong unlawfully or
working here unlawfully, that is to ignore the exploitation and
dangers to which a system such as this one subjects them. A
reading of the full facts gives some flavour too of the demands
made of them; of the monetary exploitation which required them
to perform sexual services for many customers before they
earned any money and even then only a fraction of what was
paid by the customer. Each of these respondents, more so the
first than the others of course, exercised an active role in
controlling the daily activities of the women and in running this
establishment. The operation continued after a closure order on
one of the premises and, albeit at the direction of the boss, the
first respondent tore down a closure order and carried on
regardless. That, in his case, is an aggravating
feature. … The sophistication of the operation went so far as
to detailed arrangements for lawyers and for substantial
compensation in case of arrests. These women were all of them
illegal immigrants or two-way permit holders who ought not to
have been working. …” [emphasis supplied]
B
C
D
E
F
G
H
I
J
K
9.
From the judgment it appears that a starting point of two years
imprisonment was considered appropriate in respect of each of the persons
B
C
D
E
F
G
H
I
J
K
convicted of conspiring to live on the earnings of prostitution: only one of
L
M
those so sentenced had no previous criminal convictions. It is apparent
from the judgment that one of the particular factors which exercised the
L
M
Court of Appeal on that occasion was the daily level of control exercised
N
by each of the applicants.
O
O
10.
P
Q
N
Although the judge said "I accept that there is no evidence
that any of the prostitutes was subject to any form of control, influence or
direction..." he went on to take, for the applicant, the same starting point as
P
Q
that taken in LEE Cho-keung in respect of those convicted of conspiring to
R
live on the earnings of prostitution.
S
S
11.
T
R
It is clear from other cases that the element of control is
arguably the single most significant feature in arriving at an appropriate
T
U
U
V
V
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