HKSAR v. CHONG PAN PAN

DCCC806/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 806 of 2011

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Reasons for Sentence

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1.  This morning the defendant pleaded guilty to Charges 2 and 3. He was convicted after trial of an alternative to the original section 17 wounding offence and convicted of a section 19 offence, a lesser offence. There is no dispute the defendant had been prepared to plead guilty to a section 19 offence prior to the commencement of trial.

2.  The facts are that at 3.30 in the morning of 19 May this year the defendant was ejected from the Beijing Club.  The prosecution have not produced and revealed why nor was PW1 privy to the reasons why the defendant was kicked out.  He was only told not to let the defendant back in. PW1 said that the defendant looked angry but left the area.  Half an hour later the defendant returned and was clearly very emotional, aggressive and drunk. 

3.  There is no dispute that he had gone down the street, entered the Tsui Wah Restaurant, grabbed a long bread knife, Exhibit P1, intending to come back to Beijing Club to confront the staff because he had been ejected earlier.

4.  On CCTV footage it is clearly visible.  His friends can be seen trying to restrain him some distance away from the lobby of the Beijing Club and they were unsuccessful.  He stumbled up the street and into the lobby, recklessly waving this long knife around.  People had to scatter and run away.  From the footage, the defendant is not aiming the knife at anyone in particular but his actions are very, very reckless.  There was a suggestion he was chasing someone but, again from the CCTV footage, it is clear that he was not targeting anyone in particular.  His verbal threats related to all the staff and no one in particular.

5.  He is very lucky that nobody was seriously injured.  PW1 had to have six stitches at the top of his finger.  Luckily, no muscle or tendon was cut.  He has not suffered any permanent damage, but the defendant’s behaviour, even if drunk, is unacceptable and serious, and on the facts, only a term of imprisonment can suffice.

6.  A maximum sentence for a section 19 offence is 3 years’ imprisonment.

7.  The 2nd charge is a possession of offensive weapon offence under section 33(1) of the Public Order Ordinance.  This offence will attract a custodial sentence according to the law.  I will accept that the defendant did not take a knife out with him, it was not pre-planned to carry a knife, and I will accept it was grabbed under the effect of alcohol and extreme agitation.

8.  Charge 3, resisting a police officer, again is a serious offence.  This particular charge, section 36(b), it has been said time and time again in the appellate courts that a custodial sentence is appropriate where this charge is used.

9.  Now, PW2 gave evidence that he gave numerous warnings, and I am sure he did certainly give several, and he felt it necessary to draw his baton to confront the defendant waving a long knife in such a public area.  He gave evidence that he would have drawn his gun if there had been less people around, but despite warnings, I accept the defendant did not listen or obey this police officer.  PW2 is lucky not to have suffered any injury from this knife.  He got in close proximity to this knife.

10.  If the defendant’s friends had not intervened when they did it may have been an even more serious situation, and the facts relating to this charge, in my opinion, deserve a term of imprisonment.

11.  I have heard mitigation and consider that all three charges have the advantage of being pleas of guilty.  This shows remorse.

12.  The defendant is not a man of clear record.  He has one previous conviction for violence in 2005 for which he received a fine. He was a teenager.

13.  I have been told of and seen evidence of some cardio health problems.  From what I can tell, they are not life-threatening or serious at the moment but I will bear that in mind.

14.  The defendant has been placed on probation before and kept in touch with a social worker, Mr Tsang, who was prepared to swear and give evidence of the defendant’s character.  He says he does not know the defendant very well but has certainly some dealings with the defendant in the past and the defendant has turned to this social worker as a result of this arrest.  He says the defendant is a good person with good friends but he is emotional, easily led astray by bad peers, and says the defendant is spoilt by his family, which could explain some of his actions when he loses face by being kicked out of a nightclub.

15.  The defendant also has a very supportive family here.  They have been in court to show their support.  I have been told that the defendant since introduction by the social worker has been to church on a regular basis with his girlfriend and I have a letter from the church.

16.  The defendant has written a letter to the court expressing his remorse, explaining his actions, and I have also been told he is willing to pay compensation to PW1, and I will make a compensation order and it is a factor I will take into consideration when I consider a starting point for each charge.

17.  The defendant has a future.  He has a future job as well as a steady relationship with a girlfriend of over 4 years.

18.  All these matters I have considered relevant to sentence as well as the facts of the case.

19.  Defendant, please stand up.  For Charge 1, the alternative charge of section 19, I will take a starting point of 12 months’ imprisonment.  You will be entitled to a discount of 4 months for your plea.  I will impose a sentence of 8 months’ imprisonment.

20.  For Charge 2, possession of an offensive weapon, I take a starting point of 6 months’ imprisonment.  You are entitled to a discount of 2 months for your plea.  On Charge 2, I sentence you to 4 months’ imprisonment.

21.  For Charge 3, I take a starting point of 9 months’ imprisonment.  You are entitled to a discount of 3 months for your plea.  On Charge 3, I impose a sentence of 6 months’ imprisonment.

22.  All three arise out of the same incident at the same time.  I will order them all to be served concurrently.  That will mean a total sentence of 8 months’ imprisonment.

23.  I will order compensation of $5,000 to be taken from bail, payable to the victim, PW1.