HKSAR v. CHUNG LONG HO, TONY

DCCC949/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 949 OF 2012

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Reasons for Sentence

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1.  Chung Long-ho, you have pleaded guilty to having sexual intercourse with a girl under the age of 13.

2.  The offence occurred at sometime after 1.30 pm on 13 August this year.  It occurred in her bedroom at her parents’ home in Fanling while her family were out.  It appears that she performed oral sex on you before allowing you to have sexual intercourse with her.  You were not wearing a condom.

3.  Her parents came home at about 2.15 in the afternoon and found the bedroom door locked and they realised what had happened.  At that time you were 17 years 9 months old.  She was 12 years 10 months old, so she was almost five years younger than you.

4.  What makes this offence even more serious is the fact that you had only met her for the first time a few minutes before you persuaded her to take you to her home, although you had previously communicated with her, I understand, over the Internet.

5.  As I have said, you wore no condom and could easily have made her pregnant.  I bear in mind that there is no suggestion that she was not willing to have sexual intercourse with you, but she was a young girl from an unsettled home background and was almost five years younger than you. She may not have informed you exactly how old she was, but you must have been aware that she was very much younger than you and below the age of consent. 

6.  I have borne in mind all that Mr Tse has said on your behalf.  As you know, I called for reports as to your suitability for probation training centre, detention centre and rehabilitation centre.  Those reports indicated that although your academic performance was poor, at least in your last year at school you maintained a disciplined school life and were enthusiastic about serving other people.

7.  Unfortunately, it appears that since leaving school you have drifted into bad company and you have made little attempt to obtain a stable career. 

8.  The reporting officer who made the report as to your suitability for training, detention and rehabilitation centre suggests that the most appropriate course in your case is to make an order for your detention in a detention centre. 

9.  Bearing in mind the circumstances of this offence and the circumstances to which he has adverted in the report, I am of the view that that is the most appropriate course.

10.  I accordingly sentence you to detention in a detention centre.