nature. As to what amounts to “disgusting conduct”, Roch LJ said
the following in his judgment:
“Disgusting conduct is conduct which fills the onlooker with loathing
or extreme distaste or causes the onlooker extreme annoyance.”
30. I have reminded myself of such high threshold for the offence.
However, despite the aforesaid observations, I am satisfied that the
act of inviting others to join him in committing a gang rape with the
specific modus operandi was an act outraging public decency.
Unlike homosexual activities, the display of a controversial artistic
exhibit or the publication of obscene literature, which were usually
the subject matters involved in similar charges in England, no person
of a decent mind, whether in the past, at present or in the future,
whether in Hong Kong or elsewhere in the world, would tolerate the
commission of a crime such as rape, let alone a horrible gang rape in
the manner suggested by the Defendant in the Messages. In my
judgment, ordinary right thinking members of the public who read the
Messages would not merely feel shocked or disgusted but would feel
outraged by their contents.
31. No one would disagree that if the Defendant was serious in carrying
out the plan if so perceived by the viewers of the Messages, then the
Defendant’s act of posting the Messages can be regarded as conduct
outraging public decency. Even Madam Wong, the Defence witness,
agrees that gang rape is a horrible crime, and it would be scary and
disgusting for someone to send out an invitation to commit such a
crime. However, Mr. Cheng, counsel for the Defendant, submits
that the Defendant only posted the Messages as a joke. As it was the
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents