HKSAR v. HO WAI MING

DCCC600/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 600 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to four charges before this court. The first two charges involve charges of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance; the 3rd charge is in relation to failing to surrender to custody without reasonable cause, contrary to section 9L(1) and (3) of the Criminal Procedure Ordinance; the 4th charge is a charge of knowingly misleading a police officer by giving false information, contrary to section 64(b) of the Police Force Ordinance.

2.  On the first two charges, you were originally charged together with 3 other defendants.  You had, however, absconded and not appeared on the plea date and your co-accused have already been sentenced.  You have come up for plea today as you were found in the street by police officers on 28 August 2010. 

3.  In respect of the 1st and 2nd charges, they were burglaries at a school called Don Bosco Ng Siu Mui Secondary School at Kwai Hop Street, Kwai Chung.  Those burglaries occurred on 25 January 2010 and 21 April 2010, both at the teachers’ room B.  In January only you burgled the room B and stole a notebook computer, cash in the sum of $1,100 and one external hard drive.  On the second occasion, on 21 April you and the three other co-accused also burgled the same place and at that time stole two notebook computers, 6 USB memory sticks and one pack of condoms.  The property concerned all belonged to the staff at the school.

4.  Fortunately, the CCTV of the school captured the images of the other defendants at around 2.30 am entering the teachers’ room and leaving the room at 4 am on 21 April.  The vice principal was able to identify the 1st and 2nd defendants who were studying at that school. 

5.  You were later arrested on 28 April 2010 and you admitted the burglary with your co-accused.  You were remorseful and you said you were going to turn yourself in later.  A memory stick and a pack of condoms were later found from the 3rd defendant’s home which was part of the stolen property. 

6.  After your arrest, defendant, you were remanded in police and jail custody.  You were granted bail in the sum of $10,000 and surety in the same amount.  It was a part of the conditions of bail that you were to report daily to Kwai Chung Police Station; you were not to leave Hong Kong; you were to surrender all your travel documents; you had a curfew imposed, that is between 11 pm to 6 am you were to remain at your home.

7.  You appeared before the District Court on 15 June.  Your case was adjourned to 16 July 2010.  However, on 16 July you failed to show up in court as appointed and a warrant of arrest was issued against you.  On 28 August 2010 you were stopped by a uniformed police officer in Tsuen Wan as you were acting suspiciously with another person.  The officer asked you for your identity card and you replied that you did not have any proof of identity with you.  You told him that your name was Chan Chi-ho, born on 15 July 1995 and gave an ID card number and address at Shing Wo House, Kwai Shing. 

8.  You were escorted to the address supplied by you to the officer and your sister was located there.  The officer then came to realize your real identity.  You admitted to the officer that you had given false information for the purpose of avoiding arrest. 

9.  Your solicitor, Mr Kenneth Leung, has made full mitigation on your behalf today.

10.  Prior to sentencing you, I called for a detention centre, rehabilitation centre, training centre report and a young offender’s assessment panel report. 

11.  You are 17 years of age and of clear record. You came to Hong Kong in early 2005, and in 2009 you quit school.  The premises involved in the burglary charge is your previous school to which you attended. You live with your parents, your father is 77, your mother is 54, both of whom living on CSSA.  

12.  In short, the report upon you is not very favourable at all.   Despite your parents trying to supervise you, you have been a wayward, disobedient, obstinate child.  You obviously went astray early and associated with a delinquent group of peers.  Despite being placed on care and protection twice in 2007 and 2009, you did not realize your faults nor turn around.  Instead, you have plunged deeper with your delinquent peers and led a dissipated life. 

13.  At page 4 of the report it says that you have displayed superficial remorse for your misdeeds and even whilst in remand you were placed on one disciplinary report for sharpening a toothbrush inside the prison cell on 6 October which you were awarded 7 days’ loss of remission as well as 21 days’ loss of privileges and separate confinement.

14.  What appears to me also that despite your bail conditions granted, that you were to reside at home, you had to obey a curfew, you completely ignored that as well.  From July 2010 onwards, you stayed away from home and went missing.  You then began to live your life as a fugitive. 

15.  Now, this report, as I said, is not favourable at all.  If you were an adult, you would be facing years of imprisonment.  You are, however, 17 years of age and of clear record.  The Young Offender Assessment Panel concludes by saying this:

“You are a wilful and defined youth who had trouble with the law repeatedly in the past few years. Despite professional intervention under the supervision of care and protection over 2 years since April 2007, you kept a wanton life and committed the present serious offence.”

16.  Taking into consideration your little insight into your unlawful behaviour, your weak family support, the panel concludes that a strict disciplinary training with a short and shocking impact is necessary to cast you a deterrent effect and help you construct an industrious life.  The detention centre programme is recommended.

17.  For these offences, defendant, you not only committed a burglary the first time, after you committed that burglary, you went back again and committed another burglary.  You failed to attend the court when appointed and, even worse, you then lied about your identity to avoid arrest and detention.  Those, to me, are very serious offences.

18.  As I said, if you were an adult, you would be facing a long period of imprisonment.  I have to say that I have my reservations about sending you to detention centre.  However, I am guided by the Young Offender Assessment Panel who is a professional panel who have looked into your background and what is best for you in the way of punishment and rehabilitation.

19.  When sentencing young offenders, one does not only look at the length of time to be spent behind bars but also what is most appropriate for that offender and how that offender should be punished as well as rehabilitated.

20.  I have to say that I would be more swayed to that of training centre for you in this case.  However, I will, on this occasion I have to say reluctantly, follow the recommendation of a detention centre programme as I believe the panel’s conclusions and views that a strict disciplinary training with a short, sharp and shocking impact is necessary for you as a deterrent and to help you construct an industrious life.  And for those reasons, I will sentence you to Detention Centre on all 4 charges.

21.  Defendant do not consider this as a more lenient sentence because of the shorter time in custody.  This will be a very short and sharp term that you will spend there.   There will also be aftercare upon you when you are released of which they will constantly be looking over you.  If you go astray, you will be brought back to be dealt with.  In conclusion you are sentenced to detention centre for all 4 charges.