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A
15.
The judge erred also in finding that the operation "...
B
B
encouraged prostitution on a large scale." It is not entirely clear to us just
C
what he meant by this phrase. We accept that having an avenue open for
C
prostitutes to advertise their services may facilitate the prostitution of those
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D
who utilise the resource but we can see no basis for a finding that
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F
providing an advertising service would in any way "encourage"
prostitution on any scale. The availability of an advertising opportunity is,
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F
with respect, hardly likely to be the catalyst which results in a person
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deciding to prostitute herself.
H
H
16.
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J
G
The judge pointed out that there was nothing to stop minors
accessing this website: Mr Leung made the same point during his
submissions. That is true but, with respect, it is true of any site on the
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J
Internet unless access is controlled by subscription, password, membership
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L
or other means. Moreover, access to salacious or titillating
advertisements is, of course, not confined to the Internet but is equally
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available from other media. We do not regard this as a proper
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consideration for the judge in the context of this offence.
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N
17.
O
P
M
The judge erred in two further areas: first, by apparently
taking into account the fact that "many" of the prostitutes operating in
Hong Kong are from the Mainland and "more than often working illegally".
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P
There does not appear to have been any evidence before the judge, or if
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R
there was he made no specific reference to it, either that persons working
illegally were advertising on the website or, more importantly, that the
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R
applicant knew advertisers to be working illegally. Nor, may we add, was
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there evidence that any of the advertisers was particularly young.
S
T
T
U
U
V
V
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