HKSAR v. CHEONG SUN HO

DCCC1120/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1120 OF 2010

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Reasons for Sentence

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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 15 August 2010 you entered as a trespasser the 1st Floor of 74 South Wall Road, Kowloon City, Kowloon and stole therein a wallet, a box, two necklaces with two pendants, one necklace, one torch, 4 bags, 6 pendants each with a string, one bangle, 4 pieces of jade stones, 3 rings, one pair of earrings, one ornament, two lighters, 3 watches, one mobile phone and one LCD television set.

3.  On 14 August at about 8.10 am Mr Law left his residence, the flat in question, by locking the main door of the premises but had left the window above the air-conditioner open.  He returned to the flat on 15 August, the following day, at about 11.30 pm and discovered that the premises were burgled.  From the photographs one can see the flat was ransacked.  He reported the matter to the police. 

4.  In the meantime however at about 6.10 pm on 15 August, officers had seen you walking along Sun Shan Road and Pau Chung Street, Kowloon City looking around and intercepted you.  When they intercepted you, they made inquiries with you, they noticed that your head was lowered and you were sweating.  They searched the bag you were carrying and found the stolen property as mentioned in the charge. 

5.  Upon inquiry with you about those properties you admitted that you had committed a burglary and asked for a chance.  In a subsequent video recorded interview you further admitted that the location of the premises was unknown to you but you had burgled the premises at about 2 am on 15 August.  You were at the rear lane when you noticed the window of the unknown premises were open.  You then entered the atrium by climbing up a ladder, which, as seen from the photograph, is a fixed ladder to the building and entered the unknown premises from the window.  You stole all those exhibits.  However,as to the television set you discarded it as you found it was broken.   

6.  After the burglary you did not return home as you were locked out of your flat by your landlord as you had not paid the rent.  You carried the exhibits around with you as you did not know where to dispose of them.  The resident of the premises, Mr Law, identified these stolen properties as his.  The total value would have been $6,100 including the TV.  The police later found a palm print of yours on the outside of the refrigerator inside the premises. 

7.  Defendant, your solicitor, Mr Tang has made mitigation on your behalf today and I have taken into account all that he has had to say.  You are 27 years of age and have seven previous convictions.  Two of them are for burglary.  The last occasion was in March 2009 for which you were sentenced to 20 months’ imprisonment.  You were discharged from prison in November 2009.  I am informed by Mr Tang today that the reason for your commission of this burglary was because you had no money to pay your landlord and therefore you took a chance and committed this offence.

8.  Your father had passed away some two years ago. Your mother, who is present in court today, has remarried and has another family.  You are sorry to have disappointed her as well as the community and yourself, and for that reason, you have pleaded guilty and shown your remorse. Prior to the commission of this offence you were a waiter earning about $200 a day with tips. 

9.  Unfortunately since your early 20s you have been involved in the commission of various offences.  They vary from drug offences to dishonesty offences.  No doubt you know what it is like to be behind prison bars as you have been sentenced to prison on two previous occasions.  Burglary, as I am sure you have been advised by your solicitor, Mr Tang is a very serious offence. 

10.  The guidelines for burglary of domestic premises which the premises in question were, is that of 3 years’ imprisonment after trial.  This burglary seems to have been committed in the early hours of the morning and you had entered the premises through a very small window, as seen from the photos, next to the air-conditioning and to which you entered from a rear lane.  I do not think this was an opportunistic offence.  Obviously you were there to commit a burglary. 

11.  You are still a young man, aged 27.  It is not too late to get your life into order.  If you continue to go and commit offences, including dishonest offences or drugs, you are going to be facing a life in prison which, I am sure, is not what you want. 

12.  I can see from your antecedents that you are in good physical healthy.  That is a lot more than other people have and which you should make the most of so you should use that to benefit yourself and come out and find a good decent job in the community.  Your mother is still also a very young lady, only 44 years of age and is here today supporting you.  I trust you know that each time you do this you certainly disappoint her further and further.

13.  Defendant, as I mentioned earlier, these are domestic premises and in the circumstances, I take a 3 year starting point, however, giving you full credit for your plea of guilty, I reduce that term to one of 2 years’ imprisonment to which you are so sentenced.