由此
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6. The applicant was aged 50 and had no criminal convictions
prior to the present case.
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3.
The judge called for background reports on all the convicted
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persons: in respect of D2 to D7, yet not the applicant, he also called for
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reports as to their suitability to perform Community Service. In the event,
he ordered that each of those other convicted persons perform 180 hours of
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Community Service and pay a fine of $20,000. None has made application
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for leave to appeal.
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4.
In the course of passing sentence the judge said the following:
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"4. The roles of the defendants were different. [The applicant]
operated the website and recruited the other defendants to assist
in the operation. Throughout the period of the conspiracy in
excess of $6.5 million was deposited into the personal bank
accounts of [the applicant]. [The applicant] admitted the
approximate turnover the website of the website each month was
around $290,000-$300,000 and that after deducting expenses the
profit was around $90,000-$100,000.
5. [The applicant] was boss of the company. A clear
distinction is therefore to be drawn between [the applicant] and
the other defendants who he recruited to for the work website...
6. I accept that there is no evidence that any of the prostitutes
were subject to any form of control, influence or direction and
therefore the offence forms into a very different category to those
offences involving pimps and vice establishments such as in
Secretary for Justice v LEE Cho-keung CAAR2/2003.
7. Nevertheless I regard this as a serious offence committed
over a period of 3 years between March 2003 and May 2006.
Clearly this was a sophisticated operation, which encouraged
prostitution on a large scale. The moneys deposited into [the
applicant's] personal bank accounts and the exhibits produced at
trial show many prostitutes took advantage of the services
provided by the website. Whilst the website states only those
over 18 can access the website there is nothing to stop minors
accessing such a website.
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