由此 - 9 A A 15. The judge erred also in finding that the operation "... B B encouraged prostitution on a large scale." It is not entirely clear to us just C what he meant by this phrase. We accept that having an avenue open for C prostitutes to advertise their services may facilitate the prostitution of those D D who utilise the resource but we can see no basis for a finding that E F providing an advertising service would in any way "encourage" prostitution on any scale. The availability of an advertising opportunity is, E F with respect, hardly likely to be the catalyst which results in a person G deciding to prostitute herself. H H 16. I J G The judge pointed out that there was nothing to stop minors accessing this website: Mr Leung made the same point during his submissions. That is true but, with respect, it is true of any site on the I J Internet unless access is controlled by subscription, password, membership K L or other means. Moreover, access to salacious or titillating advertisements is, of course, not confined to the Internet but is equally K L available from other media. We do not regard this as a proper M consideration for the judge in the context of this offence. N N 17. O P M The judge erred in two further areas: first, by apparently taking into account the fact that "many" of the prostitutes operating in Hong Kong are from the Mainland and "more than often working illegally". O P There does not appear to have been any evidence before the judge, or if Q R there was he made no specific reference to it, either that persons working illegally were advertising on the website or, more importantly, that the Q R applicant knew advertisers to be working illegally. Nor, may we add, was S there evidence that any of the advertisers was particularly young. S T T U U V V

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