Hong Kong - Possession of child pornography will carry an automatic jail sentence in all but exceptional circumstances, according to new rules unveiled by the court of appeal, a media report said Thursday. The tougher sentencing guidelines mean defendants will be slapped with minimum prison terms ranging from one to six months for less serious cases to up to three years, the South China Morning Post said.
Previously, first-time offenders - even those with thousands of images depicting sexual relations between children and adults - have often received community service, fines or suspended jail sentences.
Commenting on the change, Judge Geoffrey Ma said: "Some may regard the guidelines as on the harsh side. However, given the nature of the offence, they need to be."
Only in exceptional circumstances would probation, a community service order, or fine be applied.
Ma added: "The courts are obliged to take into account broader considerations, the main one here being the protection of vulnerable children. But for the demand of persons wanting to possess child pornography, there would not be the production, distribution or publication of it."
Commenting on the appeal court ruling, University of Hong Kong law professor Eric Cheung said: "It is quite clear that the high court wants to send out a clear message to the public to deter these offences. It probably shows that the lower courts - the magistracy courts - may take a less serious view of the offence."
The tougher sentencing policy came after prosecutors asked for a review of sentences imposed on two men convicted of possessing child pornography.
