IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE (Appellate Jurisdiction) MAGISTRACY APPEAL NO. 728 OF 1997 _________________ BETWEEN HKSAR and CHEUNG KAM KEUNG Appellant ________________ Coram : The Hon. Madam Justice Beeson in Court Date of Hearing : 20th February 1998 Date of Delivery of Judgment : 2nd April 1998 ________________ JUDGMENT ________________ The Appellant was charged and convicted in the Magistracy on one count of Publishing an Obscene Article, contrary to S.21(1)(a) of the Control of Obscene and Indecent Articles, Ordinance Cap.390 of the Laws of Hong Kong. (“the Ordinance”) The facts of the case were not disputed. They related to use of the Internet, defined as a worldwide collection of different and distinct computer networks working together as one. Internet users can use internet services provided by Internet Service Providers (ISPs) on paying