HKSAR v. IU SIU YUEN

DCCC1092/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1092 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to the four charges on the indictment, those being claiming to be a member of a triad society, contrary to section 20(2) of the Societies Ordinance, Cap.151, that is Charge 1; blackmail, contrary to section 23(1) and (3) of the Theft Ordinance, Cap.210, Laws of Hong Kong, that is Charge 2; criminal intimidation, contrary to section 24(c)(i) and 27 of the Crimes Ordinance, Cap.200, Laws of Hong Kong, that is Charge 3; and failing to surrender to custody without reasonable cause, contrary to section 9L(1) and (3) of the Criminal Procedure Ordinance, Cap.221, that is Charge 4.

2.  The facts giving rise to the commission of the first three charges which you have agreed relate to an incident that occurred on 24 August of last year when you approached the supervisor of a renovation company dealing with a project in Choi Shun House in Choi Tak Estate.  You told him that you were the local bully of Sun Yee On and demanded HK$5,400 from him. 

3.  When the victim refused to pay and threatened to call the police, you picked up a folding chair, waved it in front of the victim and said that whoever called the police would die.  The victim, although frightened, nevertheless telephoned the police, who eventually arrived, and you were arrested.

4.  As far as the 4th charge is concerned, quite simply, you failed to appear in court for trial on the first three charges on 9 February of this year when you had been bailed to do so.

5.  You are 28 years of age and live with your parents, girlfriend and two daughters.  I am told that you were unemployed at the time of your arrest and you committed these offences as you were in need of money.

6.  Blackmail is a very serious offence, particularly when, as in this case, it is coupled with the threat of you being a member of the Sun Yee On Triad Society.  Your behaviour on this particular afternoon was no more and no less than that of a thug throwing your weight around, behaviour which I have no doubt caused the victim considerable alarm.

7.  The only mitigation in this case is your plea of guilty and I will give you some discount in sentence to reflect that, though not as much as the customary one-third discount as your plea has not come at the earliest opportunity due to your lack of appearance in court on 9 February of this year.

8.  Charges 1 and 2 can properly be dealt with together as they share common elements. 

9.  The blackmail charge, Charge 2, is by far the most serious, as your counsel has rightly said, and in relation to that charge I adopt a starting point of 2 years’ imprisonment.  I will discount that by 6 months to reflect your plea of guilty, arriving at a sentence of 18 months’ imprisonment on Charge 2.

10.  With regard to Charge 1, the offence of claiming to be a member of a trial society, I adopt a starting point of 8 months’ imprisonment and will discount that by 2 months to reflect your plea, coming to 6 months’ imprisonment on Charge 1.  The sentences on Charges 1 and 2 are to run concurrently with each other.

11.  With regard to Charge 3, I adopt a starting point of 8 months’ imprisonment, which again will be discounted by 2 months to reflect your plea of guilty, coming to 6 months’ imprisonment on Charge 3.  I order this to run consecutively to the sentence on Charge 2.

12.  In respect of Charge 4, I impose a sentence of 2 months’ imprisonment, which will also be ordered to run consecutively to Charges 2 and 3, coming to a total sentence of 26 months’ imprisonment in all.

13.  The question of estreatment of your bail was reserved by the original trial judge.  Your counsel has had nothing to say in that regard, save that you failed to appear as you were concerned as to the consequences.  Accordingly, your bail money of $10,000 is to be estreated.