Man, 77, has term for indecency cut

The Court of Appeal yesterday criticised an elderly man for repeatedly molesting a 13-year-old girl, but quashed two of his five convictions.

Kwok Kau-kan, 77, contested all convictions which his lawyers claimed should be struck out as the allegations lacked precision.

Chief Judge Patrick Chan Siu-oi, Mr Justice Michael Wong Kin-chow and Mr Justice Wally Yeung Chun-kuen agreed - but only on two of the charges.

They quashed convictions relating to indecent assaults that allegedly took place on two unknown days between November 1997 and January 1998.

'There was a breach of the common law principle prohibiting the prosecution from adducing evidence of multiple acts in relation to a charge of a single offence,' Mr Justice Chan said.

But the judges said Kwok, who has three previous convictions for indecent assault, deserved a deterrent sentence.

District Court Judge Esther Toh Lye-ping had jailed him for five years last November.

His lawyers argued that the judge failed to consider mitigating circumstances such as Kwok's age.

'There is the aggravating factor that the applicant had corrupted the mind of a girl of tender age by paying her after the event,' Mr Justice Chan said. 'The fact that the complainant had, on subsequent occasions, approached the applicant for money illustrates that the applicant had indeed corrupted her.' Kwok's age, his fatherly demeanour and initial friendliness towards the girl 'would have inspired some confidence' in her.

The judges ruled a three-year sentence was appropriate.