由此
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sentence: for example, in LAM Hin-yar v HKSAR HCMA18/2003, Beeson
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J observed:
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“It is important to note that it is the individual who is sentenced
in cases such as this, given that there are no tariff sentences,
although some guidelines exist. That somebody is a keeper of a
vice establishment, for instance, does not make that person
necessarily more culpable than a person who manages the
establishment; it depends on the specific facts of the case. Here,
the Appellant was not simply a tenant, but was involved in the
running of the vice establishments operating in the premises.”
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that being a case in which there was evidence of direct control and
direction of the prostitutes and sharing of the proceeds of each act of
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prostitution: a period of four months imprisonment for living on the
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earnings of prostitution was not disturbed on appeal. Similarly in YU
Kin-chiu v HKSAR HCMA869/1999 a sentence of three months
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imprisonment was upheld on appeal where there had been evidence of
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introduction of the prostitute to, and participation in the fee paid by,
clients.
12.
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In PANG For-cheuk v HKSAR CACC623/1998, a case which,
on its facts was at the opposite end of the scale to those referred to in the
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preceding paragraph, Leong JA, giving the judgment of the Court, said:
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“2. ... In February, 1997, PW1 a 17 year-old girl was taken there
by her boy friend to work as a prostitute to pay off a debt which
her boy friend had incurred and in respect of which she acted as
guarantor. The arrangement was that customers would pay the
applicant for the girl's service and the applicant after deducting
his share, would give the balance of the fees to the girl to pay off
the debt of her boyfriend. A week after the girl started work,
instead of receiving customers at the applicant's place, she was
sent to such places as the applicant directed to provide service to
the customers there. On her return, she would have to account to
the applicant her intake and the applicant would then give her her
share. This went on until March or April the following year when
the girl indicated to the applicant she did not want to work as a
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