HKSAR v. YEUNG KWAI WA

DCCC 608/2024

[2025] HKDC 461

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 608 OF 2024

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REASONS FOR SENTENCE

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1.  Mr KW Yeung pleaded guilty to three charges on a Charge Sheet as follows.

2.  Charge 1 is Burglary, contrary to section 11(1)(b)  and (4)  of the Theft Ordinance, Cap 210.  Particulars are that he, on 10 December 2023, in Hong Kong, having entered as a trespasser part of a building known as Flat 01, 6^th Floor, Lai Chi Building, Nos 42-56 Leighton Road, Happy Valley, stole therein cash of $2,100 Hong Kong currency.

3.  Charge 2 is Possession of a dangerous drug, contrary to section 8(1)(a)  and (2)  of the Dangerous Drugs Ordinance, Cap 134.  Particulars are that he, on the same date, at Rooftop, 7^th Floor, Lai Chi Building aforesaid, in Hong Kong, had in his possession a dangerous drug, namely 0.54 gramme of a crystalline solid containing methamphetamine hydrochloride.

4.  Charge 3 is Possession of apparatus fit and intended for the smoking or inhalation of a dangerous drug, contrary to section 36(1)  and (2)  of the Dangerous Drugs Ordinance, Cap 134.  Particulars are that he, on the same date, at Rooftop, 7^th Floor, Lai Chi Building aforesaid, in Hong Kong, had in his possession apparatus, namely one glass apparatus with two openings, one of which was fitted with a glass tube and the other was fitted with a glass tube with a bulb-shaped end, fit and intended for the smoking or inhalation of a dangerous drug, namely methamphetamine hydrochloride.

Facts admitted by Mr KW Yeung

5.  PW1 and PW2 resided at Flat 01, 6^th Floor, Lai Chi Building, Happy Valley.

6.  On 10 December 2023, at about 2 am, PW1 placed his wallet containing cash of $2,100 on top of a cabinet next to the main door inside the flat.  PW1 then went to bed.

7.  At about 6:30 am, PW2 took trash out of the flat.  After re-entering the flat, she did not lock the main door.  She then went inside the toilet to wash clothes.  When she came out, she discovered that the main door was left ajar and that PW1’s wallet went missing.  She eventually found the wallet at the back staircase outside the flat.  On checking, she found the cash of $2,100 missing.  Case was reported.

8.  CCTV of the building captured the following events on 10 December 2023:

(a)  At about 6:14 am, Mr KW Yeung entered Lai Chi Building;

(b)  At about 6:43 am, Mr KW Yeung went to the 6^th Floor of the building; he pushed open the main door of Flat 01 and stole therefrom a wallet; he took out some items from the wallet and left via the back staircase.

9.  At 11 pm on 10 December 2023, Mr KW Yeung was intercepted by the police while he was lingering on the Rooftop (ie 7^th Floor)  of Lai Chi Building.  Upon body search, the following items were found inside Mr KW Yeung’s rucksack:-

(a)  One plastic bag containing 0.54 gramme of crystalline solid containing methamphetamine hydrochloride (ICE)  in a lighter packing; and

(b)  One glass apparatus with two openings, one of which was fitted with a glass tube with a bulb-shaped end containing 0.01 gramme of a solid containing methamphetamine and the other was fitted with a glass tube (connected with a straw)  containing traces of a solid containing methamphetamine.

10.  Under caution for theft, Mr KW Yeung admitted that he stole a wallet from Flat 01 on 6^th Floor of the building in the morning as he noticed that the main door of the flat was left ajar; that he took away the cash inside the wallet before throwing the wallet away at the back staircase.

11.  Under caution for possession of dangerous drugs, Mr KW Yeung said he bought the ICE for self-consumption.

Criminal record

12.  Mr KW Yeung has 17 previous convictions 11 of which were for dishonesty-related offences and one was for possession of dangerous drug (1989).

Antecedents

13.  Mr KW Yeung is aged 51 (50 at the time of the offences), educated to F2 level.  He was unemployed at the time of arrest.  Mr KW Yeung is single.  He has lost contact with his parents and elder brother.

Mitigation

14.  Mr Yeung Shak Nung of counsel (“Counsel”)  assigned by the Director of Legal Aid mitigated on behalf of Mr KW Yeung.

15.  Mr KW Yeung left school before he completed F2.  He was a street sleeper and he lived alone.  He was unemployed at the time of arrest.  His last job about two months prior was as a food delivery worker earning about $5,000 per month.

16.  Mr KW Yeung rid himself of drugs in 2006 but re-started in 2017 by taking ICE.

17.  The starting point for burglary of domestic premises is 3 years’ imprisonment: R v Chan Yui Man CACC 36/1988.

18.  Counsel referred to HKSAR v Muhammad Ali Pahat HCMA 342/2022 (a case not binding on this court)  for reference purpose in relation to Charges 2 and 3 herein.

19.  Upon invitation by the court, Counsel suggested a starting point for sentence of 3 years’ imprisonment for Charge 1 (before consideration of any aggravating factor)  and a starting point for sentence of 6 to 8 months’ imprisonment for Charge 2.

Sentence

20.  For Charge 1, I note that Mr KW Yeung entered the premises in the early morning at a time when and in circumstances where it would be expected that the premises would be occupied.  In order to assess whether the occupants would be alarmed by the entry, I also took into account the fact that the cabinet on top of which the “stolen” wallet was placed was only a step or two from the main door of the flat.  There is no evidence that Mr KW Yeung went further into the flat.  I regard the risk of alarming the occupants minimal.

21.  I therefore adopt only 3 years’ imprisonment as an initial starting point for Charge 1.  Mr KW Yeung has a dreadful record for dishonesty-related offences.  A stronger dose of sentence is needed to deter him from further re-offending and to protect the public from him.  I add 3 months to the starting point.

22.  For Charge 2, I note the drug possessed ie ICE though serious in nature was only minimal in amount (the actual narcotic amount is unspecified).  I adopt 6 months’ imprisonment as a starting point: HKSAR v Muhammad Waqas [2019] 4 HKLRD 323 and HKSAR v Muhammad Ali Pahat (supra) considered.

23.  For Charge 3, I will pass a sentence of 3 months’ imprisonment after a plea of guilty: see R v Law Sing [1996] 4 HKC 477.

24.  Mr KW Yeung pleaded guilty in good time.  He shall be entitled to the customary 1/3 sentencing discount on Charges 1 and 2.

25.  The offence subject of Charge 1 is completely separate and distinct from the offences subjects of Charges 2 and 3.  As between those 2 groups, subject only to totality, their sentences ought to be served wholly consecutively.

26.  The offences subjects of Charges 2 and 3 may be said to be related one to the other given their similar nature.  I will make their sentences run concurrently regardless of totality.

27.  Before passing the total and final sentence, I will of course have regard to the principle of totality and apply it accordingly.

(Mr KW Yeung, please stand)

28.  For Charge 1, the sentence is 2 years and 2 months’ imprisonment.

29.  For Charge 2, the sentence is 4 months’ imprisonment.

30.  For Charge 3, the sentence is 3 months’ imprisonment.

31.  I order that the sentences of Charges 2 and 3 do run concurrently with one another.  I further order that 2 months of these sentences do run consecutively to the sentence on Charge 1, making a final sentence of the case one of 2 years and 4 months’ imprisonment.