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Present Appeals
1st appellant
It was argued that the Detention Centre sentence in respect of
the 1st appellant was manifestly excessive. Strong reliance was placed on
the fact that the 1st appellant pleaded guilty at the first opportunity and that
previously he had a clear record. Undoubtedly he was of a young age.
He was 19 at the time of sentence. He came from a stable home
background. He had a good work and study record. It was argued that a
community service order would benefit the 1st appellant : he had shown
genuine remorse and was unlikely to re-offend. Furthermore the offences
which he committed were at the lower end of the scale since the gain which
he made was relatively small and indeed his offence was significantly less
serious than that of the 2nd appellant. Any custodial sentence would be
likely to disrupt the 1st appellant’s course of study which he was
undertaking in his spare time.
Particular point was made that it was not an appropriate case
for a deterrent sentence since there was no evidence to show that the
offences were prevalent in Hong Kong.
Whilst it is true that the number of prosecutions in respect of
section 161 offences is at present small, the damage which such offences
can cause should not be underestimated. As has been said above, unless
there are unusual circumstances, a non-custodial sentence would be
inappropriate for offences contrary to section 161. In our view, given the