HKSAR v. CHEUK HO KIT

DCCC115/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 115 OF 2011

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Reasons for Sentence

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1.  Cheuk Ho-kit, you pleaded guilty to a charge of indecent assault on a girl of 12 years of age.

2.  On the day in question in December last year she was playing in a playground with her friends.  She had seen you in the vicinity that afternoon and had seen you being intercepted by the police, but she had never seen you before that day.

3.  At about 6 pm she decided to go home.  You followed her to the building in which she lived and entered the same lift as her.  She got out of the lift at the 11th floor and then walked up the stairs to the 12th floor where she lived.  You got out of the lift at the same floor as her and followed her.  She was just about to open the door to her home when you grabbed her mouth from behind.  You then grasped her around the waist through her clothing and tried to drag her towards the staircase.  She shouted out for help and eventually you let go of her and fled. 

4.  You were later identified with the assistance of CCTV images captured in the lift.  When you were arrested you said you committed the offence out of momentary lust, and said that you were remorseful.

5.  While this must have been a very frightening assault on your victim, I bear in mind that because of her cries for help, the sexual nature of the assault had fortunately not yet progressed to one of a particularly serious kind.

6.  There are, however, a number of circumstances relating to this case which make it a very serious one. 

7.  Firstly, it involved violence on a child of 12 years of age.  As the Court of Appeal has commented, that factor is always a seriously aggravating feature.  It is bound to have been a very traumatic experience for her, trauma that may very well remain with her for a long time.

8.  A second circumstance is the element of premeditation involved in this case.  It involved following this young girl from the playground to her building and then into the lift, and then following her out of the lift, up the stairs to a place outside her home where you attacked her.

9.  The third, and most disquieting feature of this case, is that it is the sixth incident of indecent assault for which you have been before the courts.  The pattern of these assaults appear very similar, at least insofar as this offence and the previous one are concerned.  You follow a young girl and then attack her from behind.

10.  On the last occasion you came before the courts for such an offence, in September 2007, the judge, who was also dealing with you for an offence of attempted robbery, adopted a starting point of 9 months’ imprisonment on the charge of indecent assault which she reduced by one-third to reflect your plea of guilty.  She said that she hoped that arrangements could be made for you to receive psychological treatment while in custody. 

11.  I have received a very helpful report from the clinical psychologist.  She was your therapist for 5 months when you underwent psychological treatment at the Sex Offender Evaluation and Treatment Unit at Siu Lam Psychiatric Centre.  She said that although you were a bit passive in terms of treatment participation, she got the impression you were motivated to change.  Following your release you received post-release supervision and psychological follow-up provided by the CSD and the Social Welfare Department. She got the impression that you had made some effort to prevent yourself re-offending.  She is of the view that you are prone to re-offend when under stress and suffering from negative emotions.

12.  As you know, because it is what she said on the previous occasion as well as on this occasion, she is of the view that you suffer from frotteurism, a sexual disorder characterised by recurring sexual fantasies and urges involving touching non-consenting women.

13.  In view of the age of your victims, she cannot exclude the possibility that you are developing an interest in pre-pubescent girls.  She considers that the risk of re-offending is high.  On the other hand, she does believe that you are genuinely remorseful for what you have done and are motivated to change.

14.  It has to be brought home to you that this sort of offence will not be tolerated by society.  Young girls must be protected from you.  If you cannot control yourself, then the courts will have no alternative but to impose ever longer sentences of imprisonment upon you with a view to protecting young girls.

15.  I am satisfied that the fact you have re-offended and committed this offence warrants a starting point very considerably higher than that adopted by the court on the last occasion.  I am adopting a starting point of 2½ years’ imprisonment which I discount by one-third to reflect your plea of guilty.

16.  The sentence that I pass is therefore one of 20 months’ imprisonment.

17.  As I have said, if you re-offend you can expect even longer sentences in the future.  I strongly recommend to the Commissioner of Correctional Services that while in custody you receive the intensive psychological treatment that the clinical psychologist recommends.