HKSAR v. YUEN KA KUI

DCCC 330/2024

[2025] HKDC 59

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 330 OF 2024

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REASONS FOR SENTENCE

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1.  The Defendant pleaded guilty to 3 charges:-

(a)  Theft of a motor cycle bearing registration mark PP3160;

(b)  Driving while disqualified;

(c)  Driving without a third party insurance.

2.  At about noontime on 18 November 2023, the owner of PP3160 parked his motorcycle on a parking space in Jordan.

3.  On the following day, at about noontime, he found his motorcycle was missing.  He confirmed that he had not lost his key of the motorcycle. He made a report to the Police.

4.  However, at about 8:15 pm on the same day, when PW1 was driving another motor cycle, he saw his missing PP3160 was travelling ahead of him.  PW1 followed PP3160 until it reached an alley.  The Defendant then got off from PP3160, squatted behind it and tampered with it.

5.  PW1 kept the Defendant under observation and waited for the Police to arrive.

6.  When the Police arrived at 8:30 pm, the Defendant was still squatting behind PP3160.  There were a pair of pliers, screwdriver, a wrench and a multi-tool, while PP3160 number plate and vehicle license were on the floor near to the Defendant.

7.  The Defendant was holding a screwdriver and a WV543 number plate and vehicle license. There was no number plate on PP3160.

8.  The Defendant was then arrested.  

9.  Investigation revealed that the Defendant has been disqualified from holding and driving any vehicle for 30 months from 10 March 2023.  The Defendant was also found driving without a third party insurance.

Criminal records

10.  The Defendant has long lists of criminal records since 1993 to 2023.  There are altogether 51 convictions with various offences :-

(a)  20 occasions related to theft. At least one of them related to theft of motorcycle ( DCCC 415/2020 )

(b)  5 convictions of driving without third party insurance (2017, 2021 and 2023).

(c)  Other driving offences i.e. driving without license and failing to display valid license.

(d)  Other convictions related to drug offences, assault offences, burglary etc.

11.  He was released from prison in June 2023 and committed the present offence in November 2023.

Background/mitigation

12.  The Defendant is now 46 years old.  He has a 10 years old daughter living in a foster home.  The mother of his daughter passed away some years ago.  The Defendant visits his daughter once every 2 months.

13.  The Defendant used to live with his mother, but she passed away in November 2024.  The Defendant is very regretful for failing to attend his late mother’s funeral.  The Defendant used to work in the Yau Ma Tei fruit market as a deliver worker, earned about HK$10,000 per month and used to contribute HK$5,000 to his mother.

14.  He has found faith in Christianity during the current period of remand. In his letter to this Court today, he said that he is remorseful and will reform himself after his release from prison.

15.  In mitigation, the Defence said that the defendant found the key of PP3160 on the floor. The Defence said in such circumstances, it was an opportunistic theft of the motor cycle. I have doubt about it as the owner of PP3160 confirmed that he had not lost any key. Be that as it may, the Defendant should not use the key to steal PP3160.

16.  The Defence said that PP3160 was intended for his own use in transport.  The value of the vehicle was HK$5,000.00.

17.  The Defence accepted that the three offences are subjected to disqualification order and there is no special reason not to impose one. His job does not require a driving license.

Sentence

18.  The maximum sentence for each charge:-

(a)  Charge 1 - 14 years imprisonment plus a disqualification order under s.69 of the Road Traffic Ordinance, Cap 374;

(b)  Charge 2 - a fine at level 3 and to imprisonment for 12 months. In the case of the first conviction, for a disqualification period not less than 12 months.

(c)  Charge 3 - a fine at level 3 and for a period of not less than 12 months, disqualification period not less than 3 years.

Charge 1 - Theft of a motorcycle

19.  Theft of a motorcycle is a serious offence as they are often parked in public place, thus making them prone to be a target of theft.

20.  In the case of HKSAR v So Pak Lun CACC 276/2013, the Court of Appeal said that a starting point of 2 years imprisonment would be appropriate for a theft of motorcycle offence as it may cause significant financial loss as well as considerable inconvenience to the owner.

21.  The value of PP3160 was HK$5,000.  It was lost for about 1 day before it was recovered.  There was no evidence of serious damage to it except the license plate and vehicle license have been removed.

22.  When the police arrived, the Defendant was seen squatting at the back of PP3160 and holding a screwdriver, a WV543 number plate and vehicle license. Obviously, what the Defendant planned to do was to replace it with WV 543 to avoid PP3160 to be located by the police.

23.  As such, I take 2 years as the starting point.

24.  The Defence accepted that there are aggravating factors in the present case that the Defendant :-

(a)  He has numerous records of theft conviction offences;

(b)  He committed the present offence 5 months after his release from prison.

25.  I consider that it is appropriate to enhance the sentence by 3 months[1].

26.  The sentence is now arrived at 2 years and 3 months, given ¹/₃ discount, it comes down to 18 months’ imprisonment.

27.  Pursuant to s.69 of the Road Traffic Ordinance and with reference to the case of HKSAR v Leung King Cheung CACC 129/2022, also having regard to his previous record, I impose a disqualification period from driving any vehicle and holding a driving license for a period of 4 years.

Charge 2 - Driving while disqualified

28.  According to the court order in KTCC 1696/2022, the defendant has been ordered to be disqualified for a period of 30 months in March, 2023.

29.  Driving while disqualified is clearly a flagrant breach of a Court order.  This disqualification order was imposed on the Defendant some 8 months prior to the present offence.  He simply took it for granted and ignored the order.  He went on to steal the motorcycle and drove it without a third party insurance.

30.  Having said that, this was the first occasion that the Defendant was convicted of committing such offence.

31.  I take 6 months as the starting point, reduce to 4 months after ¹/₃ discount.

32.  I also order the Defendant to be disqualified for a period of 12 months.

33.  According to s.44(3)  of the Road Traffic Ordinance, the period of any disqualification under s.44(2)  shall be in addition to any other period of disqualification ordered under any other provision of this ordinance. As such, I order the 12 months disqualification order to run consecutively to the disqualification order being imposed in KTCC 1696/2022.

Charge 3 – Driving without third party insurance

34.  As stated in the judgement of R v Lui Wing Han [1997] HKCU 224 that:-

“driving while disqualified and hence, without third party insurance, is a very serious offence as other innocent road users who are injured in any traffic accident may be left without any compensation.”

35.  This is the 6^th time that the Defendant was convicted of the same offence.

36.  With all the relevant information in mind, I order:-

(a)  a starting point of 12 months for charge 3, reduce to 8 months after ¹/₃ discount;

(b)  I also impose a disqualification order for a period of 3 years for Charge 3.

Totality

37.  Sentence for each charge:-

(a)   Charge 1:	18 months
(b)   Charge 2:	4 months		To run concurrently, 4 months to run consecutive [to Charge 1
(c)   Charge 3:	8 months

38.  I order sentence of Charges 2 and 3 to run concurrently, that is a total of 8 months, from which I order 4 months from both charges to run consecutively to Charge 1 to reflect the culpability of the Defendant.

39.  The total sentence is 22 months’ (18 + 4)  imprisonment.

40.  Lastly, I reduce a period of 2 months imprisonment in view of the Defendant‘s mother passed away in November 2024 when the Defendant was in remand.

41.  As to the disqualification periods, I order them to run concurrently.  Thus, the total disqualification period is 4 years.