The government never had a chance of securing a conviction under child pornography laws against a magazine that published a cover picture of a teenage starlet in a wet T-shirt, a judge said yesterday. Judge Peter Line made the remark as he dismissed an appeal by the government against a magistrate's acquittal of Easy Finder magazine of charges under the Prevention of Child Pornography Ordinance, brought over a picture of then 14-year-old singer Renee Lee Wan. Brandishing a copy of the magazine in the Court of First Instance, the judge asked senior assistant director of public prosecutions Robert Lee Shiu-keung: 'If I passed this magazine around in the courtroom and showed it to a member of public and asked them whether it is child pornography, do you think they would say 'yes'?' He said he was not convinced by the prosecution's arguments, and found that Magistrate Gary Lam Kar-yan had used common sense in making his decision last April. He had described the choice of skimpy clothes 'as a matter of taste and fashion sense'. Judge Line expressed sympathy towards chief editor Yuen Choi-yuk, the defendant in the case, for the unpleasant experience she had undergone as a result of the prosecution. When the picture, published in June 2006, was taken, the singer was wearing a half-inch-thick, skin-coloured bra under her shirt. In yesterday's hearing, Mr Lee admitted to Judge Line that the prosecution was not attempting to overturn the acquittal, which he said would be 'a high hurdle'. Rather, it was seeking the court's interpretation of the ordinance to resolve the difference between the defence and prosecution on the definition of 'a female breast'. Defence barrister Audrey Campbell-Moffat argued that Ms Lee's breast was not exposed or naked. But Mr Lee said there was a need to define whether an outline or a shape of the breast could be defined as 'an exposed breast', making his application purely academic. However, Judge Line said: 'Our system does not allow you to come here for academic reasons.'