“culture” of the Website for its members to post various fanciful
creations in the message boards, the viewers of the Website and the
Message Board would only regard the whole incident as a joke or a
bluff. As such, the argument follows, the contents of the Messages
lack the lewd, obscene or disgusting character as constitutes an
outrage of public decency.
32. Whilst I agree that some viewers of the Message Board might so
regard the contents of the Messages, that does not alter the nature of
the Defendant’s act itself.
What is so outraging objectionable,
disgusting and obscene is that the contents of the Messages went
beyond the promotion of such horrible crime or a free expression of
opinion, the Messages were in substance a public invitation to others
to indulge in such sexual perversion with the Defendant. Specific
mode to commit the crime was suggested in the Messages, and
according to the wordings, the Defendant was serious about his plan.
He also clearly indicated that he would be enjoying committing the
crime and he was looking forward for the same. Further, what was
alarming was that, as indicated by Madam Wong’s evidence, internet
would provide a good forum to group together people with common
interest, and there might be a possibility that the invitation would
group together such kind of people, with or without the Defendant
himself, to plan for the gang rape, and what Defendant says to be a
fanciful creation might materialize into a horrible crime. Although
the title of the Message Board was “GOSSIP”, it did not in any way
lessen the impact of the Defendant’s outraging and disgusting act.
33. Mr. Cheng further submits that in ascertaining the standard of public
decency, the court should take into account the “culture” of the
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