HKSAR v. TIN HOI SHAN

DCCC726/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 726 OF 2010

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

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

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

Reasons for Sentence

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

1.  Defendant, you have pleaded guilty to an offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance.

2.  You have admitted that on 18 April in Hong Kong, having entered as a trespasser part of a building known as New Deli Express, Shop No. 171-173, Ka Wah Arcade, Yau Tong Centre, Yau Tong, Kowloon, you stole therein one LCD television and one CCTV camera.

3.  On 22 April at about 3.40 am, a police officer was patrolling in the vicinity of Yau Tong Centre, Yau Tong.  He saw you loitering outside and looking into the New Deli Express. As your behaviour was suspicious, the officer stopped you and questioned you. 

4.  Under caution, you told the officer you had previously worked at the New Deli Express as a delivery worker.  You admitted that you entered these premises in the early hours of 18 April 2010 and stole a television.  You told him that you sold the television for $1,300.  You had known that the rear door to the premises could be opened, therefore, you could gain easy access.

5.  The CCTV footage at the premises was viewed and you were shown to enter the premises at approximately 2.05 am on 18 April.  You were captured ransacking the cashier area of the restaurant and the footage stopped when you removed the CCTV camera. 

6.  The owner of the restaurant confirmed that the LCD television valued at $3,400 and a CCTV camera valued at $500 were found missing when she returned to the premises at 9.30 am on the same day.  She confirmed that she recognized you as a former employee who had ceased working for her in early 2010. 

7.  A house search was conducted at your home and the CCTV camera was recovered from there. 

8.  Ms Ody Lai, your counsel, has made very full and thorough mitigation on your behalf.  You are 17 years of age and are of clear record. 

9.  Prior to sentencing you, I called for a detention centre, rehabilitation centre and training centre report.

10.  I have had submitted to me by Ms Lai trophies and certificates whilst at school and I am informed about your background in the report.  I have also received a letter written by you this morning.

11.  In brief, although you were born in Hong Kong, you were after birth taken care of by your mother in China whilst your father remained living in Hong Kong.  You came back in 2003 when you were approximately 10 years old.  However, when you came to Hong Kong, as your father failed to render close supervision to you, you turned astray. You mingled with some bad peers, did not do well at school, got into a lot of trouble whilst at school, befriended some triad peers, even began tasting ketamine and in the end you dropped out of school and started some part-time work.  The part-time work did not last long and one of the part-time employers was the shop in the present charge.

12.  The report itself says that you displayed little sense of remorse and honesty.  The officer was of the view that despite pleading guilty, you had obtained scarce insight into your wrongdoings.  You simply attributed your thievish behaviour and the current burglary offence to your greed.  You asked for a lenient sentence and a chance of open supervision.  And your reflection upon your peer association and lifestyle remained superficial.

13.  I must say that it is in stark contrast to your letter that you have written to me today.  It is an about-face.  You now realize and apologize for your wrongdoing, you feel remorse, you value your family, particularly your father’s care, and you are intent on turning anew and abiding by the law and keen to study and work hard in the future.  I hope that what you have said in your letter is sincere.

14.  Your father is not particularly young, he is now 70, retired on a pension and has had some health problems. He has cared for you as much as he can despite his illness.  Yet in the past you have not treated him well and have failed to share any of your social activities with him.  I hope you do treasure the time now that you have with your father and reflect on your bad behaviour and will turn anew, not only for yourself but for your father. 

15.  The medical officer has confirmed that you are medically unfit in a detention centre because of your low body mass index and poor exercise tolerance.  You are physically fit for detention in a rehabilitation centre or a training centre. 

16.  In order to help you gain insight into your behaviour, I am of the opinion that a period of disciplinary training, coupled with a statutory supervision, will be beneficial to you. 

17.  I will follow the recommendation of the officer assess and you are sentenced to detention in a rehabilitation centre.