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DCCC 259/2025
[2026] HKDC 1126
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 259 OF 2025
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| Before : |
H.H. Judge G. Lam |
| Present : |
Mr. Michael Kwong, PP, of the Department of Justice, for HKSAR. |
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Mr. Steven Kwan instructed by M/s Raymond Chan Solicitors, assigned by the Director of Legal Aid, for the defendant. |
| Offences : |
(1), (4), (5), (8) & (9) Theft（盜竊） |
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(2) & (6) Driving without a valid driving licence（駕駛時無有效駕駛執照） |
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(3) & (7) Using a motor vehicle without third party insurance（沒有第三者保險而使用汽車） |
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(10) Possession of a dangerous drug （管有危險藥物） |
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(11) Possession of a poison included in Part 1 of the Poisons List（管有毒藥表第1部所列毒藥） |
REASONS FOR SENTENCE
The defendant pleaded guilty to 9 charges of theft/ driving-related offences and 2 charges of drug-related offences.
Summary of Facts
The 1st incident (Charges 1 to 3)
2. About 7:00 p.m. on 23 May 2024, Mr. Chan (PW1) parked his motorcycle UJ7962 (Bike 1; valued at $18,000) at a motorcycle parking area situated at Nos.75-77 Fa Yuen Street, Mongkok.
3. About 1:51 p.m. on 27 May 2024, PW1 received notification of a charge made by Autotoll. He realized that Bike 1 must have been stolen since he was not driving it. He alerted the police.
4. About 2:45 a.m. on 5 June 2024, CCTV footage captured a male (later confirmed to be the defendant) driving and parking Bike 1 at the carpark of Eastway Towers, Nos.59-99 Shau Kei Wan Main Street East ("the Carpark"). The defendant was lingering near Bike 1 and tempering with it. He left around 4:07 in the same morning.
5. About 1:15 p.m. on 11 June 2024, Madam Chan, a security guard of the Carpark, found an unrecognizable motorcycle parked there. Feeling suspicious, she alerted the police. That motorcycle was later verified as Bike 1 and confirmed by PW1. Its headlamp and part of the petrol tank were dismantled.
The 2nd incident (Charge 4)
6. About 9:00 p.m. on 6 June 2024, Mr. Wong (PW3) placed his suitcase ("the Suitcase"; valued at $14,000) at the 3rd Floor of the Carpark. He last checked the Suitcase around noon on 7 June 2024.
7. About 2:25 a.m. on 9 June 2024, CCTV footage captured a male (later confirmed to be the defendant) wandering in the Carpark. About 2:49 in the same morning, he left the Carpark carrying the Suitcase.
8. About 10:00 a.m. on 9 June 2024, PW3 found the Suitcase missing. He alerted the police.
The 3rd incident (Charges 5 to 7)
9. About 7:00 p.m. on 9 June 2024, Mr. Gurvinder (PW4) parked a motorcycle VD8454 (Bike 2; valued at $5,000) on the pavement outside Ning Hing House, Hing Wah (II) Estate, Chai Wan. PW4 borrowed Bike 2 from his friend. Bike 2 contained PW4's helmet as well.
10. About 2:00 p.m. on 12 June 2024, PW4 found Bike 2 missing. He alerted the police.
11. About 10:25 a.m. on 13 June 2024, Mr. Mohammad (PW5) was sitting in front of his motorcycle repair shop situated at Nos.407-409 Shau Kei Wan Road. He heard a crashing sound. He then saw a male and a motorcycle VD8454 (later confirmed to be Bike 2 by PW4) falling in the middle of the tramway outside his shop. The male dropped a helmet on the ground and left the scene. The case was reported to the police.
12. PW5 subsequently identified the defendant in an identification parade as the male who rode Bike 2 and fell in front of his shop.
The 4th incident (Charge 8)
13. About 5:30 p.m. on 8 June 2024, Mr. Chow (PW6) parked his motorcycle in Parking Space No.M7, Lower Ground Floor, Sau Mau Ping Phase 1 Carpark, Sau Mau Ping Shopping Centre (SMP Carpark) and placed his helmet ("Helmet 1"; valued at $4,500) on the seat of his motorcycle. At 8:30 a.m. on 9 June 2024, PW6 found Helmet 1 missing.
14. About 6:28 a.m. on 9 June 2024, CCTV footage captured the defendant and another unknown male wandering in SMP Carpark. The unknown male was holding 2 helmets and handed one to the defendant.
The 5th incident (Charge 9)
15. About 8:30 p.m. on 7 June 2024, Mr. Yeung (PW7) parked his motorcycle in Parking Space No.104, Block A, Ming Wah Dai Ha, Shau Kei Wan and placed his helmet ("Helmet 2"; valued at $3,000) in the rear storage box ("the Storage Box"; valued at $1,000) attached to his motorcycle.
16. About 5:43 a.m. on 11 June 2024, CCTV footage captured a male (later confirmed to be the defendant) removing Helmet 2 and the Storage Box from PW7's motorcycle.
17. About 7:30 a.m. on 18 June 2024, PW7 found Helmet 2 and the Storage Box missing from his motorcycle.
Arrest on 14 June 2024
18. About 4:50 p.m. on 14 June 2024, SPC 3356 intercepted the defendant outside Block A, Ming Wah Dai Ha. He admitted that Bike 1 was stolen by him, but denied stealing its headlamp or part of the petrol tank. The defendant also admitted taking the Suitcase from the 2nd incident, but claimed that it was empty.
19. In his record of interview, regarding the 1st incident, the defendant admitted using a skeleton key to steal Bike 1. He did not have any driving licence and had driven Bike 1 twice. He drove it to the Carpark. He also removed its headlamp and other components because he did not want Bike 1 to be identified. Regarding the 2nd incident, the defendant claimed that the Suitcase was placed on the ground behind a private car TM1108. He found it quite decent and took it away. Regarding the 3rd incident, the defendant admitted stealing Bike 2 with a skeleton key. When he drove it for the second time, he was heading to North Point. He had a crash because the road was slippery. He fled from the scene since he was unlicensed.
20. The defendant was released on police bail.
Discovery of Charge 8
21. On 18 June 2024, PW6 saw someone selling a helmet similar to Helmet 1 on Carousell. He approached the seller online and arranged to buy the helmet.
22. About 9:30 p.m. on 18 June 2024, the defendant and a Madam Chan (AP) showed up outside Shau Kei Wan MTR Station. PW6 saw AP holding a green plastic bag with a helmet inside (later confirmed to be Helmet 1). He alerted the police.
23. About 9:58 in the same evening, PC 61102 arrived at the scene. He found that the serial number on the helmet which was held by AP matched the number provided by PW6.
24. AP was then arrested. In her record of interview, she claimed that the defendant was an old friend of hers. He asked her to help carry Helmet 1 since he was unable to carry heavy objects after a traffic accident. AP denied knowledge that Helmet 1 was a stolen property.
Charges 10 and 11
25. The defendant was arrested at the same time. Under caution, he denied stealing Helmet 1. About 11:11 in the same evening, the defendant was searched in Interview Room No.1, Chai Wan Police Station. The following items were found: (i) in a linen bag contained in the defendant's sling bag, 8 tablets containing sildenafil (a Part 1 Poison); and (ii) in the defendant's underpants, a plastic bag which contained 1.09 grammes of a crystalline solid containing 1.08 grammes of methamphetamine hydrocholoride (commonly known as "ICE").
26. In his record of interview, the defendant admitted that the white substance was ICE. He bought the ICE and aphrodisiac for his own consumption. Regarding Helmet 1, he claimed that he picked it up at SMP Carpark but had forgotten the date. He took it home and tried to sell it on Carousell. Regarding Helmet 2 and the Storage Box in the 5th incident, the defendant remained silent.
Mitigation & Sentence
27. The defendant is 38 and has 10 conviction records involving 17 offences (of which 5 were "simple possession", 2 were "Part 1 Poison", 3 were similar to Charges 1 to 3 respectively). Defence counsel Mr. Kwan informed me that the defendant is single but has a daughter (aged 8). He was living with his daughter and sister in Shau Kei Wan. In mitigation, Mr. Kwan accepted that the defendant has similar convictions in almost every aspect. He directly submitted that the strongest mitigation is the defendant's timely guilty pleas.
Charges 1 and 5
28. In relation to stealing motor vehicles, the defendant has a similar conviction (DCCC 817/2022; dated March 2023). Mr. Kwan informed me that the defendant stole a motorcycle in that case. In the present case, some parts of Bike 1 were dismantled and Bike 2 was damaged[1]. I will not increase the starting point of Charges 1 and 5 because of the defendant's similar conviction. On the other hand, stealing 2 motorcycles within 3 weeks is an aggravating factor. Having considered the value of both motorcycles, I adopt a starting point of 2.5 years' imprisonment for each charge[2]. With the timely guilty pleas, I sentence the defendant to 20 months' imprisonment for each charge.
Charges 2 and 6
29. The defendant has a similar conviction. For a second or subsequent conviction of this offence, the maximum penalty is a fine of $10,000 and imprisonment for 6 months. He committed the offences in both charges within 3 weeks. His unlicensed driving rendered him a serious threat and danger to other road users. I adopt a starting point of 15 weeks' imprisonment for each charge. With the timely guilty pleas, I sentence the defendant to 10 weeks' imprisonment for each charge.
Charges 3 and 7
30. The defendant has a similar conviction. By driving Bike 1 and Bike 2, he had deprived all road users of adequate financial protection. He committed the offences in both charges within 3 weeks. I adopt a starting point of 9 months' imprisonment for each charge. With the timely guilty pleas, I sentence the defendant to 6 months' imprisonment for each charge.
Charges 4, 8 and 9
31. I have borne in mind the value of the stolen items (namely the Suitcase, Helmet 1, Helmet 2 and the Storage Box). It appears that only Helmet 1 was recovered. I adopt a starting point of 12 months' imprisonment for each charge. With the timely guilty pleas, I sentence the defendant to 8 months' imprisonment for each charge.
Charge 10
32. The defendant possessed 1.08 grammes of ICE (contained in a plastic bag and found in his underpants). He has 5 convictions of "simple possession" and has been to a Drug Addiction Treatment Centre on 4 occasions. In view of his similar convictions, I adopt a starting point of 15 months' imprisonment (instead of 12) for this charge. With the timely guilty plea, I sentence the defendant to 10 months' imprisonment.
Charge 11
33. The defendant possessed 8 tablets of sildenafil (found in his sling bag). He has 2 convictions of "Possession of Part 1 Poison" and was given a Drug Addiction Treatment Centre Order on both occasions. In view of his similar convictions, I adopt a starting point of 3 months' imprisonment for this charge. With the timely guilty plea, I sentence the defendant to 2 months' imprisonment.
Overall sentence
34. Having considered the totality principle, I adopt a global starting point of 4 years' imprisonment for all 11 charges. With the timely guilty pleas, the overall sentence is reduced to 32 months. To achieve this, I order the sentences to run in the following manner :-
(i) Charges 1 to 3 concurrent;
(ii) Charges 5 to 7 concurrent; but 4 months consecutive to Charges 1 to 3;
(iii) Charges 4, 8 and 9 concurrent; but 3 months consecutive to Charges 1, 2, 3, 5, 6 and 7; and
(iv) Charges 10 and 11 concurrent; but 5 months consecutive to Charges 1 to 9.
Other orders
35. For Charges 3 and 7, the defendant has one similar conviction. Hence, the disqualification period shall be not less than 12 months nor more than 3 years. Bearing in mind the remarks made by the Court of Appeal in HKSAR v Fung Ka Wai Roger [2026] HKCA 979[3] and HKSAR v Wong Mun Ming [2016] 1 HKLRD 1057 on the length of a disqualification period, I make a disqualification order of 3 years for each charge, which shall run from the date of conviction[4].
36. For Charges 1, 2, 5 and 6, the defendant has one similar conviction as well. By virtue of section 69(1) of the Road Traffic Ordinance (Cap.374), this court may disqualify the defendant from driving for such period as it thinks fit. I consider a disqualification period of 2 years appropriate and just for each charge, and I so order.
37. For the avoidance of doubt, the disqualification orders for Charges 1 to 3 and 5 to 7 shall run concurrently from the date of conviction.
38. I thank both Mr. Kwong and Mr. Kwan for their helpful and thorough written analysis of Fung Ka Wai Roger and Wong Mun Ming.
[1] See paragraph 10 of the Re-Re-Re-Amended Summary of Facts dated 22 April 2026.
[2] See HKSAR v Yu Chi-chiu [2017] 1 HKLRD 400.
[3] CACC 81/2024 dated 18 May 2026.
[4] Section 4(2)(a) of Cap.272 stipulates that the disqualification period shall run from the date of conviction.
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