HKSAR v. LUI KI

DCCC647/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 647 OF 2008

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Reasons for Sentence

1.  Defendant, I have convicted you after trial of two charges of attempting to procure two undercover women police officers to become prostitutes in Japan.  I found that you had placed 10 separate advertisements in newspapers in Hong Kong, that is, of the Oriental Daily News and the Sun Newspaper, advertising for women under the age of 45 to earn quick money in Japan.  That advertisement offers lucrative employment in Japan, stating that it is an establishment with booming business, steady income and no experience needed.

2.  As a result of these advertisements you placed in the newspapers, you met these two undercover women police officers.  After meeting them in person, you then informed them about some of the terms and conditions to which you had offered them or recruited them, or attempted to recruit them, to become prostitutes in Japan.  The sum informed to the officers was some $40,000 per month, which they could earn.  From that, initially, you would receive a commission of some HK$13,000 – HK$14,000 from each girl you recruited.

3.  I found, on the evidence before me, that you were part of an international sex syndicate.  You are of clear record, married with two children, sons aged 15 and 11 years old.

4.  I am informed by both the prosecutor, Mr McNamara, and your counsel, defence counsel Mr So, that there are no guideline cases, but I am informed by both defence counsel and prosecution counsel that there have been a number of cases which have recently been brought to District Court as a result of this police investigation into these international sex syndicates through these advertisements placed in newspapers and there have been a range of sentences passed by my fellow judges after pleas of not guilty.

5.  I am informed that the range of sentences passed are between 20 months’ and eight months’ imprisonment.  Of all the cases that I have been informed, there was one case in which one defendant pleaded guilty to one charge and received a 12-month starting point term of imprisonment.  Apart from that one particular case, in all the cases, the defendants pleaded not guilty and were convicted after trial.  Those were also cases of undercover agents and going to places outside of Hong Kong such as Melbourne, Japan and Toronto. 

6.  I bear in mind that these cases are what my fellow colleagues passed and they are not binding upon me.  Each case, of course, depends on its own facts.  The maximum term for these two offences, attempting to procure the women to become prostitutes in Japan, is 10 years’ imprisonment.  This offence, of course, is one that calls for immediate deterrence as it is the exportation of women.

7.  I have heard from the evidence that it would have been the arrangements to not only arrange one but a few girls to go at the same time.  And for each girl, you would have received “an introduction fee”, in your own words, of about HK$14,000.  This is not an in significant sum of money.  This is particularly so when it can be seen that between 28 February and 15 March, in a time of about three weeks, you had placed some 10 advertisements in the newspaper and would obviously have hoped to recruit many women.

8.  So far as the second witness in this case is concerned, PW2, you went so far as to going with her and assisting her in purchasing an air ticket to Japan.  You went even so far as to purchase contraceptive pills for her on her behalf and were just in the process of sending these pills over to Japan.

9.  I find these matters to be serious matters, I have considered the principle of totality when I sentence you on both these offences.  I convict you of the same two charges.  I shall take the same starting point of 21 months’ imprisonment, and both sentences will run concurrent to each other, making a total term of 21 months.