HKSAR v. CHAN CHI HIN

HCCC206/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 206 OF 2011

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Chan Chi-hin, there were three charges on the indictment, Count 1, indecent assault was against D1 and you; Count 2, rape, was against D1; Count 3, indecent assault again, named you as the only defendant.

D1 was convicted after trial of both Count 1 and Count 2. You were convicted of Count 1 but acquitted of Count 3.

The attacks that the jury found proven took place in D1’s house. You were sleeping in D1’s room after an overnight party. The victim who was drunk and whom you had only met the night before came in and slept beside you. When D1 came into the room he fondled the victim’s chest and put his fingers into her private parts. He did so after pulling up the victim’s clothes and unbuttoning her jeans.

It was at this stage that D1 told you to touch the victim’s breasts which you did before listening to D1 again and left the room to him to have sex with the young woman.

Chan Chi-hin, you are aged 27, single and educated up to Form 5 level. You are a salesman by occupation and have no previous conviction. Otherwise your background is unremarkable.

In this case what you did was despicable. You molested the victim jointly with another man. The two of you obviously took advantage of the victim’s intoxicated state. That said, I accept that there was no premeditation on your part. I accept that you assaulted the victim at D1’s instigation. I accept that your act lasted for only a brief moment.

I note that the degree of indecency of your act was, for lack of a better term, limited in all the circumstances of the case. I am persuaded that a term of immediate imprisonment is unnecessary for your punishment.

Instead I sentence you to 240 hours of community service. Understand?

2ND ACCUSED:  Understand.

COURT: You understand the nature of a community service order?

2ND ACCUSED: Yes.

COURT: Has your lawyer explained to you that if you fail to comply with the directions of the probation officer involved you will be brought to court again and be sentenced again?

2ND ACCUSED: Understood.

COURT: All right. You have to learn to control your impulses. Women are people they are not dishes. They are not meals. Sit down.