HKSAR v. KWOK CHI FUNG

DCCC37/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 37 OF 2010

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Reasons for Sentence

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1.  Kwok Chi-fung, you have been convicted after trial of robbing two teenagers, Wong Kwok-ho, who was then aged 17, and Lau Chi-ho, who was then aged 14, of their mobile telephones outside the Ng Yuk Secondary School in Sha Tin on 13 April, 2009. The robbery was committed by you with an accomplice, a man of bigger build than you, who, as far as I know, has not been apprehended. It was you who played the principal role in the robbery.

2.  You and your accomplice approached the two victims from behind at around 7.30 pm that day.  You called out to them to stop.  After they had stopped you then approached them. You then questioned them, including asking them who they followed.  This was obviously a reference to what triad society they belonged to.  They denied following anyone.  This was a question which you repeated several times during the course of the robbery. 

3.  The victims were then required to accompany you to a nearby pathway, where you suggested that the victims might have been involved in assaulting your “younger brother”, and you made the pretence that a call was being made to your “big brother” to request him to come to the scene.  It is clear that all this was designed to intimidate your victims.

4.  You then demanded that they hand over their mobile phones, which they did.  You and your accomplice told them to leave or they would be assaulted, and not surprisingly they did so.  This was a very unpleasant attempt to take advantage of two teenagers who were innocently going about their business that evening.  You were obviously seeking to intimidate them by implying that you were triad members.  I bear in mind that no violence was actually used on the victims and that no weapon was displayed.

5.  You are, however, a young man with a very poor record.  You have been convicted by the courts of no less than 10 robberies previously.  It was less than three months after your release from prison that you committed the robbery in this case. 

6.  Bearing in mind all the circumstances, I am satisfied that the appropriate starting point is a sentence of 3 years' imprisonment.  You have not shown a trace of remorse.  I can see no reason to give you any discount on the starting point to which I have referred.  You are sentenced to 3 years' imprisonment.