HKSAR v. YAM HOI FU, TONG

 DCCC502/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.502 OF 2010

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Reasons for Sentence

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The defendant was charged with unlawful sexual intercourse with a girl X, under the age of 13 years, contrary to section 123 of the Crimes Ordinance, Cap.200.

The defendant pleaded guilty and admitted the facts, he is convicted accordingly.

Facts

X was born in June 1997 while the defendant was born in May 1993. The defendant and X were lovers. Around mid-August 2009, upon the suggestion of X, the defendant had sexual intercourse with her with the use of a condom.

Mitigation

The defendant aged 17, lives with his father and a younger sister aged 14, the mother has returned to her maiden family in Bangkok in April 2010. He has a clear record. He left school at the age of 15 without completed his F.3 education. He completed a Youth Pre-employment Training Programme and obtained his last job as a waiter at a cyber café in March 2010 earning $6000 per month. He wishes to be put on probation and continue his job.

I noted that the defendant was remorse and admitted his wrong. Though caring, the father failed to render defendant sufficient supervision. However, all the concerned parties including his aunt, his outreaching social worker his employer all agree to render necessary support to the father and to help the defendant in his rehabilitation.

The defendant has been remanded for two weeks. He admitted he was weak in self-control and was commented by the interviewer of Pik Uk Correctional Institution to be simple-minded in character. I have considered the reports from the Probation Office and the Correctional Services. I agreed with the probation officer recommendation that the defendant is in need of external supervision for his development of decent life prospect. I considered that at the present stage, a probation order is sufficient for his rehabilitation, having regard to all the circumstances; it is expedient to make a probation order.

With the defendant consent I imposed a period of 18 months probation order with the follow special condition that:

The defendant shall observe a curfew for the time from 11pm to 6am except with the consent of the supervision officer or being accompanied by either or both parents or whoever authorized by the supervision officer.

Now I explain to the defendant the meaning of a probation order, that is during the period of the order, that is 18 months from today, you are subject to the supervision of the probation officer, you must obey all the reasonable directions from the probation officer and the special condition of the order, and you are required to be in good behaviour; should you fail to do so, you are in breach of the order and may be re-sentenced for the offence. The defendant is reminded that the offence convicted is a serious one and he is considered fit to be admitted to rehabilitation center, detention center and training center.

Order

Probation Order for a period of 18 months with special condition that:

The defendant shall observe a curfew for the time from 11pm to 6am except with the consent of the supervision officer or being accompanied by either or both parents or whoever authorized by the supervision officer.