由此 - 10 A A 18. The second area was that, having recognized that there was B B "no allegation" (or, insofar as we are aware, evidence) that a crime C syndicate was involved in this operation, he went on to identify the need C for deterrent sentences to "... prevent proliferation of such sites" which D D would "... enable crime syndicates the better to hide their criminal E F activities...". With respect, the judge allowed himself to speculate concerning matters which had no relevance to the question of sentence on E F this applicant. G H G 19. The judge made reference to the one other Hong Kong case, H similarly a decision of the District Court, involving a person running a I J website on which prostitutes advertised their services: a suspended sentence was imposed in that matter, the judge asserting that this was I J because "... that was the first prosecution.". Mr Leung suggested that K L M N there was a further reason, namely that that convicted person had been remanded in custody for three weeks pending reports. 20. Whatever the reasons for sentence may have been in that other matter, the fact that there has only been one such prosecution K L M N suggests that offences of this nature are, as yet, uncommon. There was no O P evidence, and Mr Leung did not seek to contend, to the contrary. Deterrence had but a minor role to play in this particular sentencing O P process. Q R Q 21. In our judgment, the circumstances of this offence and this R offender, bearing in mind that he was 50 years old and of clear criminal S T record, would have been met by a Community Service Order and the imposition of a substantial fine. An immediate term of imprisonment, S T U U V V

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