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SCMP Reporter

Only suspect in custody over celebrity sex images goes free
The first man arrested over the celebrity sex-photos scandal was freed yesterday when the charge against him was abruptly withdrawn after he had spent two weeks behind bars.
Amid a storm of criticism over police handling of the case, Chung Yik-tin, 29, walked out of Tuen Mun Court  disguised in a surgical mask and hat  after the Department of Justice withdrew a charge against him of publishing an obscene article.
On Thursday  the Obscene Articles Tribunal, in response to an application by a newspaper, ruled that photographs circulating on the internet of a woman,  allegedly Canto-pop  star Gillian Chung Yan-tung, naked and spread-legged on a bed with singer-actor Edison Chen Koon-hei, were indecent but not obscene. Its ruling is an interim one.
Legislators called for a review of police procedures for such cases and demanded the force apologise.
Police continued to insist they had acted correctly.
The withdrawal of the charge was the latest twist in a three-week saga that has seen hundreds of explicit pictures purportedly of Chen and seven female celebrities published on the internet and distributed by e-mail and messaging systems.
'After a thorough review  we found the possibility is  low that  the tribunal will make a [final] classification of the photo as  obscene. For justice to be seen to be done, we've decided to withdraw the charge,' senior government counsel Hayson Tse Ka-sze told the court.
Chung would not speak to reporters, but issued  a short statement through his defence counsel saying: 'I'm happy that I'm able to regain my freedom today and that I'm able to be reunited with my family. I would like to thank the public for their care and help, which allowed the matter to  be closed.'
Principal Magistrate Kwok Wai-kin - who had earlier denied  Chung bail - awarded him legal costs of HK$18,000 but gave him a stern rebuke.
'Your action has been harmful. You have invaded the privacy and trampled the dignity of the celebrities, whose public image and possibly their careers may be  affected as a result,' the magistrate said. 'What you did is morally outrageous.'
Assistant Commissioner of Police  Vincent Wong Fook-chuen said the force had  handled the case in accordance with  the law and normal practice.
The police had consulted people, including some Obscene Articles Tribunal adjudicators, who 'don't understand why [the photograph] is indecent, not obscene', he said. Mr Wong also  pointed out that Chung had admitted the picture was obscene before the charge was laid.
Senior assistant director of public prosecutions Anthea Pang Po-kam said the law allowed enforcers to launch a prosecution before submitting an article to the  tribunal. But lawmaker Ronny Tong Ka-wah, a barrister,   said prosecutors had acted without concrete proof.
Democrat lawmaker James To Kun-sun  said  it had been a very serious mistake to charge Chung with distributing an obscene article when it was only indecent.
Chinese University journalism professor Anthony Fung Ying-him  said  Chung should not have been arrested before police had asked the tribunal to classify the photographs in his possession.
When Chung was charged on February 1, Mr Tse opposed bail on the grounds that  police had found another 12 celebrity sex photos on Chung's home computer and had  reason to believe  he would use them for criminal means. Chung was remanded in custody for two months. Two other men charged over the scandal were given bail.
The photographs in question  are  purportedly of Chen, Gillian Chung, actress Cecilia Cheung Pak-chi, former actress Bobo Chan Man-woon, model-actress Rachel Ngan Wing-sze, former singer Candice Chan Si-wai, 2001 Miss Chinese International contestant Mandy Chen Yu-ju and Chen's current girlfriend, Vincy Yeung Wing-ching, niece of entertainment tycoon Albert Yeung Sau-shing.



Police drop nude photos case; accused hails public