HKSAR v. CHAN MEI WING

DCCC1191/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1191 OF 2010

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Reasons for Sentence

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1.  You have pleaded guilty to one count of burglary and one count of remaining in Hong Kong unlawfully after having landed in Hong Kong.

2.  Facts revealed that at around 2.45 am on 15 September this year you climbed up the drainage pipe and entered Flat 304, Siu Cheong House, Siu Hong Court, Tuen Mun with the intention to steal something to eat therein.  However, the victims were alerted and you were subdued by the victims and later handed over to police.

3.  After being arrested and under caution, you admitted you had just sneaked into Hong Kong a few hours before the arrest and you were hungry and therefore looking for food at the time of the offence.

4.  There is clear sentencing guideline for both charges.  For burglary involving domestic premises, the starting point should be 3 years and for an illegal remaining in Hong Kong offence, this should be a term of 15 months’ imprisonment even after a plea of guilty.  Looking at your record, this is already the fifth time you were convicted of the offence of illegal remaining in Hong Kong and therefore you should be well aware of the tariff.

5.  In sentencing you I take into account your plea of guilty, the mitigation put forward by your counsel and the totality principle.  For the 1st charge I take 3 years as a starting point.  Because of your plea, I reduce it to 2 years.

6.  For the 2nd charge, you are sentenced to 15 months’ imprisonment.  Because of the totality principle, I reduce it to 12 months.  This is to run consecutive to the sentence on the 1st charge, therefore making a total of 3 years.