the gang rape or to incite others to do so. I therefore so find. As
the alternative Charges 2 and 4 require the proof of a specific intent to
commit an offence whilst the Defendant gained access to the
computer, the Defendant cannot possibly be convicted for the offence
under these charges.
The law relating to the offence of committing an act outraging public
decency
24. Even if the Defendant posted the Messages with no such intention, he
may still be guilty of the offence of committing an act outraging
public decency.
The object of the offence is to prevent the
corruption of mind and the destruction or erosion of values of
decency, and so such offence focuses on the nature of the Defendant’s
act and its effect on the general public.
25. As far as I understand, there have not been many prosecutions
brought in Hong Kong for such offence, and this is indeed the first
prosecution relating to the posting of a message on the internet.
Hence, it is not surprising that we cannot find any local authorities on
such area of the law.
However, after reading paras. 21-298 to
21-304 of Archbold Hong Kong 2005, the relevant legal principles for
such offence can perhaps be summarized as follows:
(i)
the offence of committing an act outraging public
decency does exist in common law (see: R v Gibson and
Sylveire [1990] QB 619, applying the dicta of Lord
Simon in Knuller (Publishing, Printing and Promotions)
Ltd. v DPP [1973] AC 435 at 493);
9
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