HKSAR v. TA DINH SON

DCCC 705/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 705 OF 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one offence of attempted theft, contrary to section 9 of the Theft Ordinance, Cap 210 and section 159G of the Crimes Ordinance; to one offence of remaining in Hong Kong unlawfully, contrary to section 38(1)(b) of the Immigration Ordinance, Cap 115; and to one offence of breach of deportation order, contrary to section 43(1) of that same ordinance. You admitted the Brief Facts and I convicted you.

2.  What happened is this.  Referring first to Charge 1, around 11 pm on 29 May of last, the victim, a 47-year-old female, was walking along Tong Mei Road and Argyle Street in Mongkok alone. You approached her from behind and attempted to snatch her necklace which is valued at $4,800.  She held onto it and shouted “Snatching.”  You fled.  The chain of the necklace was broken as a result but she was uninjured, fortunately.

3.  PW2, a male, was passing and saw the incident. He pursued you into a blind alley and demanded you surrender the stolen items. You surrendered your own mobile phone, claiming it to be the stolen item.  PW2 took it and returned to locate PW1.

4.  After PW2 left, you tried to flee but an off-duty police officer pursued you and subdued you with the assistance of a passer-by. 

5.  Under arrest and caution, you admitted to attempting to snatch the necklace as you had no money for food.

Charges 2 and 3

6.  In a subsequent video-recorded interview under caution, you admitted to having sneaked into Hong Kong via Shenzhen by hiding inside a truck on 28 May last.  You also admitted being subject to a deportation order issued in 1998.  You claimed that in Vietnam you were assaulted and the authorities would not assist you. 

7.  The deportation order was issued on 22 April 1998.  You were last deported to Vietnam on 14 August 2012.

8.  You admitted to 20 previous convictions on 10 occasions.  13 of those offences were similar to the offences before the court today. 

9.  On your behalf, Mr Yeung entered mitigation.  He told me that you are 48 years of age, you are married with two daughters who were born in 1989 and 1994.  The family was detained in Whitehead camp, and in 1996 you lost contact with your family during a riot.  You yourself were deported to Vietnam and there you had no residence.  It would seem that your only relative is your mother who is now 85, frail and sick.  Your subsequent breaches of the deportation order and unlawful remaining in Hong Kong arose from your attempts to relocate to your wife and daughters.  You have now been told that your younger daughter is in Russia, so you will not come again.

10.  Mr Yeung said you were remorseful and wanted to return to Vietnam as soon as possible to be with your mother in her final years.  Mr Yeung read out a letter from you which confirmed these facts.  Referring to the offence of attempted theft, he said it was not sophisticated nor premeditated.  The victim suffered no loss nor injury. 

11.  In respect of Charges 2 and 3, he submitted that they arose from the same facts, that is, coming here to search for your family.  He asked for concurrent sentences.  He also submitted that the court should apply the principle of totality.

12.  I turn now to the sentences.  Defendant, you are a persistent offender.  13 of your previous convictions are for similar offences to those you face today.  Of course, one has sympathy for the loss of your family but you cannot go breaching the laws of Hong Kong in order to search for them nor should you do it so consistently.  The offences themselves are all simple in nature.  The only aggravating features are in respect of 2 and 3 and that is, as I said, their persistence.

13.  In respect of the snatching offence, you are lucky that the lady was not injured or you could have been facing a more serious charge. 

14.  The following sentences will apply.  On Charge 1, I take a starting point of 18 months’ imprisonment reduced to 12.  You will go to prison for 12 months.

15.  Charge 2, the sentence itself reflects the discount for a plea of guilty and you will go to prison for 18 months on that offence.

16.  In respect of the breach of deportation order, Charge 3, I take a starting point of 3 years reduced to 2 years.  That is 24 months. 

17.  The periods in Charges 1 and 2 will be served consecutively.  However, in respect of Charge 3, I do apply the principle of totality.  That will be served 12 months concurrently and 12 months consecutively.  You will therefore go to prison for 42 months.

18.  Finally, I would like to commend the bravery and public-spirited nature of the acts of Cheung Chung-shan, PW2, who pursued you in order to try to get back what he believed was the items you had taken, and also Lai Ka-ho who assisted the woman police officer in your arrest.  Their actions should be acknowledged by some form of letters sent to them.