HKSAR v. LUO XINZAO AND OTHERS

DCCC 1198/2024

[2025] HKDC 988

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1198 OF 2024

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REASONS FOR SENTENCE

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1.  The 3 defendants pleaded guilty to a charge of “conspiracy to burgle” on 27 May 2024.

Summary of facts

2.  D1 to D3 are Mainland residents and two way permits holders.

3.  On 27 May 2024, the police conducted an anti-burglary operation.

2:35 pm to 3:45 pm

4.  The police saw D3 leaving Sincere House in Mongkok.  D3 went to different places before he came to Shing Fu House, Kwai Ching East Estate, Kwai Chung.

5.  D3 sat on a bench outside Shing Fu House, looked around and took some pictures of the lower floors of Shing Fu House.  After 10 minutes, D3 left and returned to Sincere House.

6:55 pm  

6. D1 to D3 left Sincere House together and took the MTR to Kwai Fong Station.

7:23 pm  

7. D1 to D3 were seen observing the lower floors of Shing Fu House.

7:43 pm

8.  D2 walked to the podium of Shing Fu House and waved at D1 and D3 who quickly walked towards D2.

9.  D1 squatted down while D3 stepped on D1’s shoulders and was lifted onto the podium.  D3 climbed up along the metal electric wired pipe which was attached to the external wall of Shing Fu House.  When D3 reached the target unit, he prized open the kitchen window frame by using a tool which was holding in his right hand and entered the target unit.

10.  While D1 walked to the park and waited.

11.  4 minutes later, D3 left the flat through the kitchen window and climbed back down the same water pipe to the podium.  D1 and D2 helped D3 to slide along the wall back onto the ground level.

12.  The police then approached the 3 defendants to arrest them.

13.  A slightly bent iron fork was found in D3’s backpack.

14.  In the guest house of which the 3 defendants stayed, nothing suspicious was found.  The guest house operator said that D2 paid the rent for 2 nights, a total of $500 at about 3:20 pm on 27 May 2024.

15.  Under caution:-

(a) D1 said that he came to Hong Kong with D2 and D3 to buy medicine. He followed them to Shing Fu House.

(b) D2 said that he was with D1 and D3 at Shing Fu House because they went out for fun.

(c) D3 said that he went to Shing Fu House at around 3:30 pm on 27 May 2024 to watch others playing tennis. He returned back to Shing Fu House with D1 and D2 to have fun and to walk around.

16.  PW1 was the tenant of the target unit, she went to sleep at 3 pm and was alerted by the police at about 7:45 pm when she got up to the toilet.  She found the window frame of the kitchen were prized open with signs of ransacking, but nothing was missing.

17.  D3’s shoes prints were found in the living room and in the kitchen area.

18.  There were Wechat conversations between D1 and D3 in D1’s phone.

Criminal record

19.  All the 3 defendants have clear record.

Background

20.  D1[1] is single, has an 8 years old son.  He worked as a renovation worker previously and made RMB6,000 per month.  In 5/2024, D1’s right hand was injured at work.  Today, D1 showed me his hand; it is totally recovered and functional. He committed the present offence in a desperation to earn quick money to buy medicine for himself.

21.  D2[2] is married with a 2 years old son.  D2 and his wife used to work and have a steady income (a total of RMB9,000) to support themselves.  Since their son was born, his wife left the job to look after their child, their family income decreased, but family expenses increased.  D2 was under tremendous financial pressure as he still needs to pay mortgage to their property.  It is out of financial difficulty that he committed the present offence.

22.  D3[3] is single, used to live in Shenzhen while his parents live in their hometown. His sister is a university student.  He used to earn RMB5,000 per month, but was laid off a month age before the present incident.

23.  All the 3 defendants are now remorseful and wish to return home as soon as possible.

Sentence

24.  The summary of facts tells me that the 3 defendants were Mainland residents.  As soon as they arrived Hong Kong, D3 went to Shing Fu Estate to do scouting, to take pictures of the lower units and to examine the area for the purpose of illegal entry to unit 312.

25.  They came to Hong Kong with one purpose in mind that was with the intention to commit burglary offences.  They booked the guest house for 2 nights and intended to return to China as soon as their jobs to burgle were done.

26.  The target unit was a domestic premises.  It is well settled that for domestic burglary, it attracts a starting point of 3 years.

27.  PW1 was inside the target unit at the material time, however, she was not subjected to violence and fear as she was asleep.  As such, she did not have to confront D3.  However, there must have a psychological impact on her as she would feel insecure as the window frame could not prevent outsider to climb into her flat.

28.  Nevertheless, the defence submitted that there was no financial loss.

29.  In the present case, the defence accepted that there are aggravating factors:-

(a) there were 3 defendants acting in concert to commit the offence;

(b) they were Mainlanders and came across the border to commit the present offence.

30.  Having considered the above circumstances, I take 3 years as the starting point and enhance the sentence by 6 months for the aggravating factors.  The total sentence arrives at 3 years and 6 months.  Given 1/3 discount, each defendant is ordered to serve a period of 2 years and 4 months’ imprisonment.