DCCC461/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 461 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of handling stolen goods, contrary to section 24 of the Theft Ordinance, Cap. 210, and to one offence of theft, contrary to section 9 of that same ordinance.

2.  You admitted the brief facts, and I convicted you on those facts.  The further offence of handling stolen goods was ordered to be left on the file and not to be proceeded with without leave of this court or the Court of Appeal. 

3.  Briefly, the facts are as follows. 

Charge 1

4.  At about 11.30 pm on 28 December 2009, PW1 parked his tractor with an articulated trailer, which is T1, with a container on it at Shing Wan Road Road, Tai Wai, Shatin.  It was secured and locked.

5.  At 6.45 am the following morning he found the connecting hinge to the tractor was damaged and the container was missing. 

Charge 3

6.  At about 5 pm on 17 January of this year, PW4 parked his tractor with an articulated trailer, T3, at How Ming Street, Kwun Tong, with the door secured.  When he returned at 7.30 am the following morning he found the hinge connecting the tractor and the trailer to be broken and T3 missing.

7.  CCTV near How Ming Street captured a tractor CS765, which is V, arrive at the scene and drive T3 away.  You were the registered owner of that vehicle.  Also CCTV footage showed V to have left Hong Kong via Lok Ma Chau terminal with two different trailers on 29 December and 16 January.  V was also found to have left Hong Kong via Shenzhen Bay Control Point with a trailer on 17 January this year.  Travel records show that you had left from Hong Kong on those dates at those crossing points.  

8.  On 27 March of this year you were arrested at Sha Tau Kok Terminal.  In a video-recorded interview that day you made the following admissions.  In relation to Charge 1, that on 29 December 2009 your friend “Chu Chai” called you and asked you to drive V to Lok Ma Chau to pick up T1 and the container and convey them to the mainland.  This you did via Lok Ma Chau Terminal.  You handed over T1 and the container to a male, Hu Nam-lo, in Shenzhen.  You received RMB$4,000 and knew T1 was stolen.

Charge 3

9.  You admitted receiving a call from “Chu Chai”, asking you to drive V to How Ming Street, Kwun Tong.  Upon arrival you found “Chu Chai” by the trailer.  He asked you to leave for a while, and upon your return you found T3 had been detached from the tractor.  You then articulated T3 onto V and left Hong Kong via Shenzhen Bay Control Point.  You handed T3 to Hu Nam-lo in Shenzhen and received RMB4,000. 

10.  The value of the property: Charge 1, a 40 foot container trailer, valued at $50,000, and a 20 foot container, valued at a $100,000; Charge 3, a 40 foot container trailer, valued at $25,000.  None of the property has ever been recovered.

11.  You admitted to two previous convictions, both of which were similar.  On your behalf Mr Davies entered mitigation.  He said that you were a minor participant, not the organiser, that you received little by way of recompense, namely RMB$8,000.  He told me that you are self employed, earning approximately $6,000 to $7,000 per month, but that your expenses outweighed this. 

12.  You are single, your wife having left you many years ago, and you have one grown up daughter.  Until the age of 50 you had a clear record, but you have fallen prey to crime.  Mr Davies referred to the fact that upon arrest you were extremely helpful with the police, admitting what you had done, that you have maintained throughout an intention to plead guilty.  I am told health-wise that you suffer from diabetes.  Mr Davies completed by asking for leniency and expressing the fact that you are remorseful.  Whilst noting there were two charges, he did ask me to treat this as a cause of conduct because of the involvement of “Chu Chai” in both.

13.  I turn now to the sentence.  These are serious offences.  I accept that you received little by way of financial advantage, but you were the agent whereby the tractors and trailers were removed from Hong Kong to the mainland.  There is little or no chance of them ever being recovered.  The total value involved of the missing goods was a $175,000 covering both offences. 

14.  I accept that you are not the prime mover, but you were an essential cog.  I note that you were cooperative and honest with the police when arrested and that you have maintained throughout an intention to plead guilty.  I am prepared also to accept that the two offences arose out of financial problems.  There is an element of greed for easy money.  I note your criminal record which shows two previous recent convictions for similar offences.

15.  I am turning now to the sentences themselves.  Charge 1 is the more serious offence, involving goods of the higher value.  On that charge I take as a starting point 30 months' imprisonment, reduced to 20 for your plea of guilty.  On Charge 2 I take as a starting point 24 months, 2 years' imprisonment, reduced to 16 months for your plea of guilty.

16.  I also apply the principle of totality.  The second period of imprisonment of 16 months will be served in this way: 4 months will be consecutive and 12 months will be concurrent to the first period of 20 months, giving a total of 24 months or 2 years' imprisonment.