HKSAR v. LUI CHUN YEUNG

DCCC 640/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 640 OF 2013

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to an offence of blackmail, contrary to section 23(1) and (3) of the Theft Ordinance, Cap.210.

2. You have admitted on 19 May 2013 outside Enjoy Salon, Shop No.7, Ground Floor, Lucky Building, No.97-105 Castle Peak Road, San Hui, Tuen Mun, you made unwarranted demands of $500 from X with menaces.

3. On the day in question, X was the owner of the salon at that location.  At 8.30 pm whilst she was working there you went into the salon and asked her to follow you out.  She did as you asked.  When you were outside you demanded $500 protection fee from X.  X said she was scared and that you looked and sounded fierce.  X told you she did not have much money and you eventually agreed to reduce it to $300.  You threatened X by saying that you would collect protection fees from her every month thereafter.  You further told X that if she refused to pay you $300 a month, you would set fire to the salon like what happened to the nearby shop a few months ago.

4. As X was afraid that you would injure her or cause harassment to the salon, she complied with your demand and handed you $300.

5. She then made a report to the police on the same day.

6. On the following day, she received a phone call from an unidentified male who claimed to be a friend of yours.  That male told her not to pursue the matter with the police.  However, X ignored him and hung up. 

7. A CCTV video recording placed outside the salon captured you on that night with the victim outside the salon.  Through the police intelligence they were thereafter trying to locate you for this offence.

8. Four days after you committed the offence on 23 May however you surrendered yourself to the Tuen Mun police station.  You were immediately arrested.

9. Under caution, you admitted the offence and stated that you were the one who had asked for protection fee from X.  You had also told her you would collect it every month because you wanted to scare her.

10. Your solicitor has made full mitigation on your behalf and I have taken into account all that he has had to say.

11. You are 26 years of age and you have a total of eight previous convictions, none of which are similar.  Most of them are connected with drugs and one of theft.

12. Mr Lee has submitted that you committed this offence because you were not in a good mood, were very upset and had drunk four to five bottles of beer.  The two matters that caused your unhappiness was the fact that you had just had a quarrel with your colleagues as you were late for work and over and above, your relationship with your steady girlfriend had ended in March.

13. It was after the quarrel and drinking that you went to Enjoy Salon and committed this offence.

14. Mr Lee has rightly pointed out that your strongest mitigating factor is your plea of guilty.  Another mitigating factor is the fact that you had surrendered to the police four days after the offence.

15. Your plea has certainly indicated your remorse and the court will give you the proper of one-third for that.

16. Defendant, this is a very straightforward case of individuals like you asking for protection fee from shops in the districts in Hong Kong.  This is a typical extortion exercise made by culprits like you.  You demanded the proprietor with menaces to give you money and she complied with your demands as she was afraid.

17. In this case, you threatened her with fire to her premises.  This was extremely serious and frightening.  Furthermore, you made her think that it may actually happen as you had referred to the fact that another store had been set on fire and that it might well happen to hers.  That must have demonstrated to her that there might be some reality in your threat rather than just mere words.

18. I had asked and confirmed with your solicitor and he agrees that to ask for “protection fee” is common to that with triad societies.

19. I accept there was no mention of any triad society or the words “tor dei”, which is usually used, but you did use the word “bo wu fai”, which is exactly the same meaning as “a protection fee”.

20. In those circumstances, defendant, it is clear to me that this is a triad-related blackmail and the cases that have been before the courts indicate that this type of sentence warrants a 4-year starting point after trial.

21. This type of offence was very prevalent and the threats which you have made had caused extreme fear to the victim.

22. Taking into account all those circumstances, defendant had I convicted you after trial, I would have taken a starting point of 4 years’ imprisonment.

23. Giving you full credit for your plea of guilty, that term shall be reduced to 2 years and 8 months’ imprisonment.

24. You surrendered to the police when you knew the police were looking for you.  Your surrender came four days after the offence, which was very early.  A further discount is warranted.

25. Giving you a further discount of 2 months, you are sentenced to a total of 2 years and 6 months’ imprisonment.