COURT: Defendant, before this murder trial, you had pleaded guilty before a magistrate to an offence of possession of dangerous drugs, contrary to section 8(1)(a) and (2) of the Dangerous Drugs Ordinance. You admitted that on or about 14 April 2022 at House No 1A, Mui Tsz Lam Village, Mui Tsz Lam Road, Ma On Shan, Shatin, you had in your possession dangerous drugs, namely, 4.09 grammes of cannabis in herbal form, 1.04 grammes of solid and 61 millilitres of a liquid containing 0.91 grammes of cocaine and 1.45 grammes of a solid containing 1.23 grammes of ketamine.
I told you at the time you pleaded guilty that I will deal with your sentence after the conclusion of the murder trial, to which you had pleaded not guilty. The murder trial has now concluded and you have been found guilty by the jury after trial of the offence of murder of your live-in girlfriend, Fok Sin-yee, otherwise known as Maggie in this trial, your partner of about seven years.
In this trial, we did hear that these drugs were found in the house on the morning when the police arrived at the house at Mui Tsz Lam Village.
The murder of Maggie was committed at the house at the same address as these drugs were found. This was a stone house in Shatin in Ma On Shan, which was a rural area.
Regarding the case of murder, the pathologist in this case found at least 66 external injuries, which were mostly bruises and abrasions, all over Maggie’s body, from her head to her toe. Those 66 injuries were not only that many in number, but they were overlapping injuries to which the pathologist was unable to identify separately. There was a small laceration on her ear.
The severe and serious internal injuries caused Maggie’s death. Those severe and serious injuries you caused were 19 fractures on 14 of her 24 ribs and fractures of her scapula bones. In attacking Maggie, your acts can only be described as aggressive and with great force for you to have caused these many fractures. That was a brutal and violent attack on Maggie. The pain, at least from the external injuries, would have been immense before she quickly died when her ribs were broken, which affected her lungs and respiration.
At this trial, you informed the jury that you admitted killing Maggie on the basis of manslaughter by a dangerous and unlawful act. By the jury’s finding of you guilty of murder, the jury has unanimously rejected your defence that you did not intend to kill or cause Maggie really serious harm. It is frankly inconceivable, given the severity of the injuries, that you did not intend to kill Maggie or cause her really serious harm.
Defendant, this was and can only be described as a vicious, brutal and savage attack and murder of Maggie. The defensive injuries, as described by the pathologist, on Maggie’s arms, show clearly that during your brutal attack that she had tried but failed to defend herself. You were merciless. You continued extreme violence upon her. You overpowered her, causing these injuries, resulting in her death.
Defendant, you are well aware murder is the gravest offence on the law books in Hong Kong. Hence, the law allows only for me to sentence you to one of life imprisonment. No matter your relationship with Maggie before you killed her, you intentionally took away Maggie’s precious life that fatal night on or about 14 April at your home which you shared with Maggie.
In the circumstances, for the offence of murder, you shall be sentenced to life imprisonment.
For the offence of possession of dangerous drugs, you have two previous similar convictions. The last conviction was in 2015, to which you were sentenced to probation for 12 months.
This is your third conviction for drugs. It is clear that on that night you admitted in your evidence in court that you went to buy the cocaine, at least, and that was shared with Maggie. You bought this cocaine to share, so that is equivalent to trafficking, although this case is one of possession of dangerous drugs.
Nevertheless, defendant, for the quantity of the drugs involved, had you been convicted after trial, I would have taken a starting point of 18 months’ imprisonment. Because you have pleaded guilty, it warrants the usual one-third discount and for that you shall be granted the one-third and be sentenced to 12 months’ imprisonment on the possession of dangerous drug charge.
Of course, you have been sentenced to life imprisonment and that sentence shall be run wholly concurrent to the life sentence.