The computer technician who illegally distributed lurid pictures of actor-singer Edison Chen Koon-hei having sex with a string of celebrities will spend time in jail, Kowloon City chief magistrate Tong Man said yesterday.But Sze Ho-chun, 24, will have to wait until May 13 to find out just how long he will remain behind bars.
However, in finding Sze guilty of three counts of obtaining access to a computer for dishonest gain for himself or another, Tong also cast doubts on Chen's evidence.
Tong said the majority of the 14 witnesses were honest and truthful, but he doubted Chen's claim to have deleted all the photos from his computer three to four months before the repair session when they were copied.
"He [Chen] admitted he was under stress since the incident. He may be trying to water down his negligence," Tong said.
He said Chen showed special concern over that particular computer when it was taken for repair, and Chris Tse Lap-kiu who fixed the computer said he did not copy the photos onto an external hard disk from the trash folder of Chen's computer.
The pictures showed celebrities such as Cantopop star Gillian Chung Yan-tung, actress Cecilia Cheung Pak-chi and former actress Bobo Chan Man-woon with Chen.
A legal team flew to Canada in February to obtain evidence from Chen because he refused to return to Hong Kong citing personal safety concerns.
Tong said Sze understood, as a technician, he should not have copied the information from a client without consent, especially since he was not the one doing the repairs.
The offenses he committed were very serious because he took advantage of his profession. He breached not only the trust his employer had in him but also the trust a client had in his employer.
Tong said due to the seriousness of the case, an immediate custodial sentence is unavoidable. Sze was 21 when the crimes were committed.
Upon mitigation from the defense council, Tong decided to obtain a report as to Sze's suitability for detention as well as a background report - but told him not to harbor any false hopes. He remanded Sze in custody.
Outside court, Sze's mother said the family may not appeal against the verdict as it is an expensive procedure. She hopes instead the magistrate will give her son a light sentence
