HKSAR v. CHEUNG CHUN SIN

DCCC1164/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1164 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges of indecent assault on another person, contrary to section 122(1) of the Crimes Ordinance, Cap. 200, Laws of Hong Kong, the offences occurring between 1 September 2010 and 31 December 2010 in relation to Charge 1, and an unknown date in July 2011 in relation to Charge 3.

2.  Both offences involved young girls aged 7 and 9 respectively at the time of the offences and took place in a computer room of a school.  At the time you worked at the school as a computer technician.  In each case you caressed the thighs of the victims whilst they used the computer and asked them the colour of their underwear, which caused great distress to these young girls.  The offences came to light after the victim of the 3rd charge complained to her mother, who reported the matter to the school, who in turn informed the police.  You were arrested in July last year at your home and, under caution, admitted the offences. 

3.  You are 24 years of age and have a clear criminal record.  I have read the clinical psychologist’s report which is before me, and you are considered not to be paedophilic at the present moment, but you are at risk of becoming one if you continue to work in a child setting and if your psychological problems are left untreated.  The risk of your re-offending, I am told, is moderate, and psychological treatment is highly recommended.

4.  All offences involving young children are extremely serious, particularly where as in this case they are committed by people who are put in a situation of some trust. 

5.  Sentences of imprisonment, and lengthy sentences of imprisonment are the norm for offences of this nature.  However, in this particular case I am prepared to take an exceptional course for a number of reasons.  Firstly, this is your first offence, and from all the information before me I am satisfied that you are deeply remorseful for your conduct.  Secondly, you have been in custody now for something approaching eight months.  Thirdly, it seems to me to be imperative that you do receive psychological treatment to assist you in your rehabilitation.  And, lastly, these offences, whilst of course serious, are not of the most serious types of indecent assaults on young children, and there is no evidence before me of these children suffering any long-lasting trauma as a result. 

6.  For all of these reasons I repeat I am prepared to take an exceptional course and place you on probation.  Are you prepared to be placed on probation?

(Defendant agrees to be placed on probation)

7.  Right, I will place you on probation for a period of 18 months.  There will be a recommendation in that order that you shall complete a psychological treatment programme as and when directed by the probation officer.  I must warn you that in the event of you not abiding by any of the lawful instructions of the probation officer, or indeed do not complete any psychological treatment programme that they may recommend to you, that you can be brought back before this court for a breach of the probation order and that I can re-sentence you for these serious offences.  Do you understand that?

(Defendant understands the terms of the probation order)

8.  The probation order is for 18 months in relation to each charge, and is to run concurrently.