- 4 Further it was of such an extreme nature that it was seen as
likely to have caused physical and or psychological harm to the
youngsters involved. It must also be said that most if not all of
these young persons had no ability to control what had happened
to them.
… they were the victims of uncaring and ruthless exploitation.”
Those comments are, in my view, succinct and accurate.
13.
Counsel for the appellant further argued that the facts of the
present case are distinguishable from those in HKSAR v. Hiroyuki Takeda
HCMA315/1998. Mr Recorder Ching Y. Wong, S.C., in that case, was
dealing with an offence pursuant to the same provisions as the present case
where the facts involved photographs dealing with child pornography and
necrophilia. In his judgment, there was nothing excessive or wrong in
principle with the starting point of sentence of 30 months’ imprisonment
for a first offender.
14.
He said :
“
In this case, I am totally satisfied that a deterrent both
in personam and in rem are justified. The court must discharge
its duty and bring home loudly and clearly to the Appellant and
the public that such or similar behaviour will not be tolerated and
that those who do transgress will be dealt with severely and
without mercy.
In all the circumstances, nothing said on the Appellant’s
behalf or about the case has caused me the slightest hesitation
that the starting point of 30 months and the concurrent terms of
21 months passed by the learned Magistrate was anything but
proper.”
With those sentiments, I agree.