HKSAR v. WEI FUYAN

DCCC805/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 805 OF 2012

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to two offences of burglary, each contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210.

2.  You admitted the brief facts and I convicted you.

3.  What happened is this.  On the night of 26 July last, PW1, a resident of Lok Hang Yuen, Chi Lok Fa Yuen, Tuen Mun, saw a male climbing the scaffolding of the external wall.  She went downstairs and reported to the management office.  The police were called.

4.  At about 8.38 pm, police officers, PW4 to PW6, arrived at the lift lobby of the ground floor.  At about 8.48 pm, you came out from the lift lobby carrying a black bag, which is Exhibit 1.  PW4 revealed his police identity and searched you and you dropped Exhibit 1 onto the rubbish bin near the lift.  That bag contained the following:

(i) a coloured Bathing Ape bag (Exhibit 2);

(ii) a gold coloured ring with stones (Exhibit 3);

(iii) two red and silver Omega watches (Exhibits 4 and 5);

(iv) a black Omega watch (Exhibit 6);

(v) a black Rolex watch (Exhibit 7);

(vi) a rose-coloured gold Rolex watch (Exhibit 8);

(vii) a Cartier watch with steel bracelet (Exhibit 9);

(viii) a Cartier watch with rubber strap (Exhibit 10);

(ix) a black Panerai watch (Exhibit 11);

(x) a wrist strap with shiny stones marked “Winnie” (Exhibit 12);

(xi) a gold-coloured pendant marked “luck” (Exhibit 13);

(xii) a gold-coloured bracelet with green stones (Exhibit 14);

(xiii) $770 (Exhibit 15);

(xiv) a black watch with shiny stones marked “Kelusi” (Exhibit 16);

(xv) a gold-coloured watch marked “Ostrich King” (Exhibit 17); and

(xvi) a black silver watch with shiny stones marked “M” (Exhibit 18).

5.  Also in your left pocket they found:

(i) a silver Titus watch (Exhibit 19);

(ii) a gold-coloured ring with shiny stones (Exhibit 20);

(iii) two ATM customer advices (Exhibits 21 and 22);

(iv) cash of $1,560 (Exhibit 23); and

(v) white gloves (Exhibit 24).

6.  At 9.55 pm approximately PW4 arrested you, and under caution you said you committed the theft upstairs.

7.  In a video-recorded interview given on 27 July you said the following:

(i) You came from the Mainland on 26 July by two-way permit. Having no money, you stole.

(ii) You climbed up the scaffolding and, finding a window of a flat open, you entered to steal.

(iii) You wore Exhibit 24, found Exhibit 1 and stole Exhibits 2 to 11 (Charge 1).

(iv) You left the first flat and climbed up the scaffolding, entering the second flat via a window. There you stole Exhibits 12 to 22 (Charge 2).

8.  You stole Exhibits 1 to 22 and Exhibits 23 and 24 were your own property.

9.  PW2, the resident of Flat E, 8th Floor, identified Exhibits 1 to 11 as his.  PW3, the resident of Flat E, 15th Floor, confirmed Exhibits 12 to 22 were stolen from her flat.

10.  Both flats are domestic premises and you were a trespasser.

11.  You are a man of hitherto clear record in Hong Kong. 

12.  On your behalf Mr Mok entered mitigation.  I am extremely obliged to Mr Mok for providing it in written form.  He told me that you are 31 years of age, a native of the Mainland, and married with one son. You are self-employed, earning about 1,000 renminbi per month.  He told me that you committed this offence out of greed, believing that the residents of Hong Kong were wealthy people. 

13.  It is entirely clear that you were fully co-operative on arrest, telling the police the full facts, and now pleading guilty.  You made no attempt to flee, nor to resist arrest.

14.  As I have said, you are of course of clear record.  There was no loss to the victims, all goods were recovered, and you are now remorseful.

15.  Mr Mok submitted two sentencing authorities to the court, the second and perhaps more important being HKSAR v Hui Chi Tong, CACC414/2007.  In that case the Court of Appeal adopted a starting point of 3½ years for two burglaries of domestic premises.

16.  I turn now to the sentences.  I note you are a man of hitherto clear record, you have pleaded guilty and all stolen goods were recovered, but that is entirely fortuitous.  I accept that you were very co-operative on arrest and made no attempt to flee nor to resist.  I also agree with the terms set down in the second sentencing authority.  Therefore, taking all matters into account, I take a starting point of 3½ years in respect of each offence, reduced to 28 months for your plea of guilty.  You will go to prison for 28 months on each offence, to be served concurrently.