HKSAR v. CHIU LOK YIN AND ANOTHER

DCCC 496/2019

[2020] HKDC 438

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 496 OF 2019

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.  I adjourned the sentence of the 2nd and 3rd defendant for reports. I have read those reports and the reports have been read to both defendants. Both agree the contents of those reports. Both agree to comply with any conditions if I follow the recommendation of the reports.

2.  I do not intend to repeat the details of the offences.  I referred to the offences and facts in full.  On 2 June, when all three defendants pleaded guilty, I sentenced the 1st defendant on that same day.  I heard full mitigation on that occasion for both the 2nd and 3rd defendants. 

3.  I do not intend to repeat the details of the reports either.  They provide a background of the defendants’ education and home life.  Both defendants have good relationships with their parents and their full support despite these offences.  The defendants explained how and why they committed these offences, and I accept their remorse is genuine. 

4.  The 2nd defendant has much to lose if I consider a term of imprisonment.  She is studying a Diploma in Hotel and Catering Management, working part-time in a long-term job and dancing with a group at a high standard which may lead to some professional performance.  She was very frank with the probation officer about her friends and social life.  Clearly, she needs some guidance with relationship issues and her self-confidence.  She must learn not to be so naïve where the opposite sex is concerned.  She also has an elder brother that is clearly someone who can give her support and encouragement as well as guidance.

5.  The 3rd defendant is in a different situation. She may be only 18 but has a toddler she has to care for.  She lives at home with her parents who were very disappointed when she became pregnant and was at the same time a rebellious teenager.  There were clearly clashes between her and her family when she was an adolescent.  She is now a young single mother who has to stay at home to look after her son.  Her mother now offers her support, though defendant would like to be able to learn a profession to support herself and her son. 

6.  She may have matured when she became a mother but not so mature that she did not know better than to take drugs whilst on bail for a serious offence.  During the adjournment period, a urine test was conducted and was positive for methamphetamine/amphetamine.  She admitted to meeting friends and taking drugs just before the plea day.  She agrees to receive drug withdrawal counselling service.  She is extremely lucky this probation officer, despite this positive drug test, still recommends probation.

7.  I have considered the facts of the case, the defendants’ roles and mitigation, as well as the reports’ recommendation. Sentencing a young person is a balancing act, especially when the offences are serious.  I do have to consider rehabilitation as well as deterrence.  I also take into account that all loss suffered will be repaid.  There will be full restitution.

8.  On this occasion, I find that I can depart from the norm of a prison sentence for offences of this nature for both defendants. In addition to the early pleas and remorse, both present mitigating factors that allow me to consider probation appropriate.

9.  The 2nd defendant will be sentenced to a 15-month term of probation with the seven conditions as set out in the report. These are as follows: she shall be of good behaviour and keep the peace; she shall keep in touch with the supervising probation officer; she shall reside, study and work as directed by the supervising probation officer; she shall quit all her vice habits, including smoking and drinking, as when directed by the supervising probation officer; she shall obey all lawful and reasonable directions as to her association with any person or groups of person; she shall remain at her place of residence every night from 10pm to 7 am the next morning unless accompanied by at least one parent and with the approval of the probation officer; she shall participate in any social, educational, developmental and therapeutic groups and programmes as deemed suitable for her social rehabilitation.  This 15-month sentence will be applied to Charges 7, 9, 11, 13, 14 and 15.  They will all be probation orders served concurrently. 

10.  The 3rd defendant, will be sentenced to 18‑month probation with the following conditions as set out in the report: a) she will be of good behaviour and keep the peace; b) she will reside and study and work as directed by the supervising probation officer; and c) she will receive drug withdrawal counselling service as directed.  This 18-month probation order is for Charges 4 and 8, to be served concurrently.  “Concurrently” means she will serve an 18-month total probation order. 

11.  To monitor both defendants’ performance under probation supervision, I am going to order a progress report for both defendants with court attendance required in nine months’ time.  I am calling for this report for 15 March 2021, 9.30 am.

12.  There is one last matter of compensation.  The 2nd defendant was involved in a loss of $70,000.  Her parents have expressed their intention to pay that compensation on their daughter’s behalf but will direct her to repay them by instalments when she is able to and in full-time employment. That compensation order will be as follows: $40,000 to Promise (Hong Kong) Company Limited; $30,000 to Aeon Credit Service (Asia) Company Limited; a total of $70,000 compensation payable within one week, payable into court.  The court will on your behalf pay them the compensation.