Internet falls outside scope of 'public place', judges of top court say

The offence of committing an act outraging public decency does not apply to the internet as the cyber world is a "medium", not a "public place", judges of the top court have found.

The court quashed the conviction of web user Chan Yau-hei, almost four years after he posted a message about bombing the central government's liaison office.

But there was a strong case for statutory provisions that would criminalise the posting of materials with the potential of defaming others or outraging public decency, the Court of Final Appeal judges said yesterday.

They noted Chan, 26, had sent his message on the web as a "medium". But the charge laid on him required the act to be done in a "physical, tangible place", which did not encompass cyberspace.

"Although the message posted by the appellant is deserving of condemnation, the public element of the offence is not satisfied," the judgment says.

Chief Justice Geoffrey Ma Tao-li, Mr Justice Roberto Ribeiro, Mr Justice Robert Tang Ching, Mr Justice Joseph Fok and Lord Justice Walker unanimously quashed his conviction.