wished to write a message in the Message Board, he or she had to
register, without any fee, as a member of the Website first.
The Defendant’s case
18. The Defendant elects not to testify in the trial. I have reminded
myself that it is the right of the Defendant to make such election, and
no adverse inference should be made against the Defendant for his
right to remain silent.
19. The Defendant is a man of good character, and in considering the
verdict, the court needs to take into the two-limbs direction as laid
down in the case of R v Vye [1993] 1 WLR 471.
20. The Defendant has called one witness, Madam Wong Wai Chong
Joanna, to testify on his behalf. Madam Wong received education
up to University level, and she has obtained a master degree in
science of electronic commerce. She came to know the Defendant
some time in 2003 and 2004 through chatting in the message board of
the Website, as they shared a common interest of fetishism in
women’s pantyhose. According to Madam Wong, she was a regular
visitor of the different message boards at the Website. Although
there might be some serious discussions depending on the nature of
the topics, some of the other participants of the message boards just
posted various topics at the Website as some kind of joke. She
mentions about a previous topic about an invitation to participate in a
bank robbery, and most of the viewers of the Website did not pay
serious attention to such invitation.
7
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