HKSAR v. SO KAM TONG

HCCC247/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 247 OF 2008

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Transcript of the Audio Recording
of the Sentence in the above case

 

COURT:  Stand up, defendant.  The defendant, So Kam-tong, was originally charged with one count of murder, contrary to Common Law and punishable under section 2 of the Offences Against the Persons Ordinance, Cap. 212, and one count of blackmail, contrary to section 23(1)(iii) of the Theft Ordinance, Cap. 210.  He pleaded not guilty to murder, but pleaded guilty to blackmail.  He was therefore on trial for the charge of murder.  He was found guilty of murder by the jury after trial.

Summary of facts

The facts disclose that the victim Yau Hiu-yin was a 21-year-old woman who lived with her parents at Kam Shek Village in Tai Po.  Though single, she had a steady boyfriend called Ryan. 

In May 2008 Miss Yau was working as a passenger service officer.  After finishing her shift in the early hours of 15 May 2008 she took a bus to Tai Po and was last seen at the Tai Wo Estate Arcade, at an ATM machine.  What had happened was that the defendant waylaid Miss Yau and dragged her into a dark area not far from her home.  He forced her to disclose the PIN number of her Hang Seng Bank card.  After she disclosed her PIN he strangled her to death.  He then left the body there and went to withdraw money from her bank account.  He later returned and removed the body to a catchment area of the Lam Tsuen River after he poured air-conditioning cleaning fluid on her body to destroy any DNA or other contact evidence linking him with the corpse.    

The defendant then continued to withdraw money daily from Miss Yau’s account.  To ensure he had enough time to do so, he sent an SMS message to Miss Yau’s boyfriend Ryan, pretending that she had to go away and ask Ryan to apply for leave for her from work.  That was of course using Miss Yau’s own mobile phone.  When he finally failed to withdraw any more money as the bank card was “swallowed” by the ATM he then embarked on blackmailing the victim’s family and friends for more money.  He sent SMS messages to Miss Yau’s boyfriend Ryan demanding for ransom for the safe return of Miss Yau when she was already cold and dead. 

After a number of messages were exchanged Ryan brought along the ransom money and left the money inside a white bag on a no. 72X bus, as instructed by the defendant.  The police tracked down the defendant, who was the collector of the ransom, at the defendant’s home.  The marked ransom money, that is HK$100,000, was recovered from the defendant’s flat, together with what was left of the money the defendant had withdrawn from Miss Yau’s bank account.  Some of the money had been exchanged into Taiwanese currency for the defendant’s trip to Taiwan for pleasure. 

The antecedents statement of the defendant shows that he is a man of 25 years of age, clear record, attained Secondary 5 education, worked as decoration worker, air-conditioning repairer and waiter after leaving school.  He lived with his siblings at the place of arrest, that is Tai Wo Estate.  Parents are fishermen. 

Any person who is convicted of murder shall be imprisoned for life.  Any person who commits blackmail shall be guilty of an offence and shall be liable, on conviction upon indictment, to imprisonment for 14 years. 

This is a particularly horrible case.  Defendant, you killed Miss Yau after forcing her to disclose her PIN number for her bank card.  By telling her she could not go home if she did not disclose her PIN you gave her a false hope that she would be all right once she complied with your request.  Instead you promptly proceeded to squeeze her life out of her.  You went to withdraw money even before you dealt with the body.  You returned with the air-conditioning cleaning fluid to destroy any DNA or contact evidence linking you to the corpse.  You then hid the body inside the catchment area which you have scouted 10 days before.

Knowing full well that the victim was already cold and dead, and, after you had already systematically withdrawn large sums of money from Miss Yau’s bank account via ATMs, you engaged the victim’s boyfriend Ryan in messages and demanded a ransom.  You even assured Ryan on more than one occasion that Miss Yau was safe and sound and that nothing would happen to her if the ransom was paid, raising false hopes on those who loved and cared for her. 

Words fail to describe the heinous crime you have committed.  For money to repay debts, for money to allow you to enjoy yourself touring Taiwan with your friends, for living expenses, you laid in wait to rob any single lone woman who happened to be there.  Miss Yau was the poor and unfortunate victim who unwittingly fit into your plan. 

Robbing her of her possession was not enough for you.  You killed this young woman as you did not want her to recognise you and identify you.  You could have covered your face or use some other method to disguise your identity, but you did not do that.  You set out to rob and kill.  It was a well-planned crime as you had already checked out a hiding place for the body 10 days before you did the robbery. 

From her mobile phone you learned from the saved text messages that Ryan was her boyfriend.  You sent messages to Ryan pretending the victim was still alive so that you had more time to systematically withdraw money from her account at the ATM machines. 

When finally her bank card was “swallowed” you then embarked on one of the cruellest blackmail possible.  You sent messages to Ryan seeking ransom when you knew full well that the victim was already dead, lying in the catchment where you have left her.  You kept on reassuring Ryan that the victim was alive and well, that she would not be harmed if a ransom was paid.  You exploited the anxiety and love the victim’s family and friends had for her to squeeze more money out of them.  You did not care how the victim’s family and friends were feeling, what you had put them through.

How you could possibly fall asleep in bed while the victim’s family and friends were worried sick, fearing the worst and hoping against hope that she was all right is beyond comprehension. 

For the crime of murder you are sentenced to life imprisonment, as required by law.

For the offence of blackmail, having considered all the circumstances, I am of the view that a starting point of 8 years is appropriate to reflect the seriousness of this crime.  You have pleaded guilty to this offence, so you are entitled to the usual one-third discount.  There are no further grounds to reduce this sentence.  So for the offence of blackmail you are sentenced to 5 years and 4 months’ imprisonment. 

The actual sentence

For the charge of murder - life imprisonment; 

Blackmail, 5 years and 4 months’ imprisonment, to run concurrently with the life imprisonment.