HKSAR v. HUNG KAI-LAM, JISON

DCCC119/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 119 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to an attempted indecent assault, contrary to section 122(1) and 159G of the Crimes Ordinance.

2.  You admitted that on 21 December 2009 at the staircase leading to the basketball pitch of Hiu Ming Street Playground in Kwun Tong, you attempted to indecently assault a woman named X.

3.  At about 7.30 pm, Miss X was alone on her way to school for some evening classes and was walking down a staircase leading to the basketball pitch of Hiu Ming Street Playgound.  Whilst walking down, she became aware that someone was approaching her from behind.

4.  Suddenly, that person, who we now know was you, covered her nose and mouth with one hand, and pressed her forehead with your other hand, and pulled her back towards you.  She felt great force on her and was unable to shout for help or utter any words.  She tried to resist by struggling with you.  However, you continued to grab her and cover her nose and mouth with great force and she was unable to break free from you.

5.  After a while, she could not breathe and was about to have a blackout.  At this moment, you released your grip and she seized the opportunity by using all her strength to break free from you.  She then shouted for help but you grabbed her arms again.  She continued to struggle, and this time, she lost her balance and fell to the ground.  Her spectacles fell and broke and you then fled by running down the staircase.

6.  Fortunately, there was a passer-by, a Mr Lun, and he saw Miss X was crying.  Miss X asked him to help her by chasing after you as Miss X told Mr. Lun that you had harassed her.  Mr Lun then ran down the staircase after you.  You had reached the playground and you kept running away. 

7.  Fortunately, there was another man on the playground called Mr Chan, and he had looked up to the staircase and saw Miss X pointing at you when you were running down the staircase.  Miss X also shouted and requested those passers-by to stop you. 

8.  Mr Chan approached you at the playground and asked you to stop, but you ignored him.  Several passers-by then joined Mr Chan, surrounded you and stopped you from leaving.  You then stopped, sat down and lay on the ground.

9.  Mr Lun and Miss X then came to the spot where you were lying down.  She identified you as the person who had grabbed her on the staircase.

10.  After a report was made to the police, an officer arrived and you were seen by him to be lying on the ground.

11.  You were asked to produce your identity card. You took it out from your wallet, handed it to the police officer and then continued to lie on the ground.

12.  You told the officer you had just consumed beer, and when asked why you grabbed hold of Miss X and covered her mouth, you made no reply.  However, when the officer declared arrest and cautioned you, you said, “Since I am caught red-handed, I have nothing to say.”

13.  The officer had detected the smell of alcohol on your breath. 

14.  Later at the police station under a video-recorded interview, under caution, you admitted that at the material time you were going home after work and whilst en route you consumed a total of 12 cans of beer.  At that time you felt a little drunk and when you saw Miss X at the staircase, you suddenly had the urge to touch her body.  You intended to touch her on her breasts and buttock from behind.  You therefore approached her from behind and covered her mouth and nose.

15.  Having grabbed her for about 10 to 15 seconds, you panicked and fled.  You were then intercepted by some passers-by at the playground.

16.  Miss X sought medical treatment at the United Christian Hospital.  She was found to sustain bruising and had a laceration on her right ring finger.  She was treated and discharged.

17.  Your counsel, Mr Lee, has mitigated on your behalf on the last occasion and today.

18.  Prior to sentencing you, I called for a psychologist’s report and a psychiatrist’s report.  I have read the contents of these two reports and your counsel, Mr Lee, tells me you have also confirmed and agreed to the contents of the two reports.

19.  I had called for these reports as I was concerned about your condition and the reasons why you had committed this offence as you are a person of clear record.

20.  You are aged 33 and have no mental illness and no family history of family mental illness.

21.  It is the opinion of the psychiatric doctor that you are not in any need of any psychiatric medical assistance.

22.  Your problems in regard to this offence was your alcohol dependence, and as you have been drug and alcohol free since your incarceration, you are mentally stable.

23.  The psychologist’s report says that you are a person who had alcohol dependency, the result of which related to your poor self control and your momentary sexual impulse coupled with your difficulties in facing your life stress together with avoidant coping style.

24.  It is clear to me that prior to your incarceration, shortly before the commission of this offence, you turned to alcohol to cope with your daily stress and boredom.

25.  On the day you committed this offence you did not meet up with any friends but drank alone.

26.  The psychologist is of the view that there is no evidence pointing to any deviant sexual interest.  It is your poor stress management, problematic impulse control, and alcohol problem which contributed to this offence. 

27.  She opines that your risk of re-offending is assessed to be low to moderate.  She recommends counselling services focusing on managing your alcohol problem and enhancing your stress coping skills.

28.  It appears that you are aware of your dependency on alcohol and will make efforts to stop abusing alcohol.

29.  The psychologist is of the view that you have shown some superficial insight towards your problem.  I will not go into your sexual experiences, but I have noted that from the report.

30.  It is important, defendant, that you understand that counselling services will be of assistance to you. 

31.  You have maintained stable employment, and I have had today a letter from your employer that you have had a good relationship and your colleagues and employer have observed no abnormal behaviour.

32.  The offence is one of attempted indecent assault.  The facts arising to the attempted indecent assault are, in my view, fairly serious.

33.  You obviously frightened Miss X and caused her great fear when you approached her from behind and grabbed her with such great force.  She almost blacked out from your pressure on her nose and mouth.  It was fortunate that you released her when you did.  Nevertheless, she fell down onto the ground, injured herself and broke her glasses.

34.  This type of event is frightening for any person let alone a lone woman walking down a staircase. 

35.  As you are very much aware, drunkenness is not a defence. 

36.  I am aware of the authorities that Mr Lee had submitted to me on the last occasion for offences of indecent assault itself.  I, however, must reflect a sentence which I consider reflects the severity and gravity of this offence and the facts before me. 

37.  I consider that a starting point of 9 months’ imprisonment would be appropriate had I convicted you after trial.  However, I must give you full credit for your plea of guilty.  Defendant, that sentence will be reduced to one of 6 months’ imprisonment, to which you are so sentenced.

38.  Defendant, given the fact that you have been in custody since December, I think that should mean your immediate release from prison.