HKSAR v. C.C.H.

HCCC 396/2024

[2026] HKCFI 1496

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 396 OF 2024

________________________

________________________

________________________

REASONS FOR SENTENCE

________________________

1.  The defendant pleaded guilty to five charges of rape and one charge of indecent assault, and admitted the Summary of Facts in the committal proceedings at the Eastern Magistracy on 14 November 2024. The case was then committed to the Court of First Instance for sentence. Before this court, the defendant confirmed his plea and his admission to the Summary of Facts through counsel.

2.  The particulars of Charge 1 state that on a day unknown in 2021, at a unit in Shek Wai Kok Estate, Tsuen Wan, New Territories, in Hong Kong, the defendant raped X.  X’s name has been anonymised in this case for her protection. 

3.  The particulars of Charge 2 state that on a day unknown in 2021, at a unit in Shek Wai Kok Estate, Tsuen Wan, New Territories, in Hong Kong, the defendant indecently assaulted X, a girl of the age of 10 to 11 years.

4.  Charge 3 states that on a day unknown in March 2023, at a unit in Shek Wai Kok Estate, Tsuen Wan, New Territories, in Hong Kong, the defendant raped X.

5.  The particulars of Charge 4 state that on the 9th day of August 2023, at a unit in Shek Wai Kok Estate, Tsuen Wan, New Territories, in Hong Kong, the defendant raped X.

6.  The particulars of Charge 5 state that on the 5th day of September 2023, at a unit in Shek Wai Kok Estate, Tsuen Wan, New Territories, in Hong Kong, the defendant raped X. 

7.  And the particulars of Charge 6 state that on the 14th day of September 2023, at a unit in Shek Wai Kok Estate, Tsuen Wan, New Territories, in Hong Kong, the defendant raped X. 

8.  The Summary of Facts admitted by the defendant provides, inter alia, as follows.  X was born on 17 March 2010.  After X was born, X’s mother (“PW2”) broke up with X’s biological father.  X had never met her biological father. 

9.  In 2013, when X was about 3 years old, X was diagnosed with Autism Spectrum Disorder. In the same year, PW2 began a romantic relationship with the defendant.  PW2, X and the defendant had lived together since.

10.  PW2 and the defendant had two sons in 2014 and 2016 respectively. 

11.  In 2017, PW2 and the defendant got married.  In the same year, X started primary school and was assessed to have mild-grade intellectual disability. 

12.  X did not know that the defendant is only her step-father. 

13.  In 2021, X, PW2, the defendant and X’s two younger step-brothers moved to a flat in Shek Wai Kok Estate (“the Flat”).  The Flat consisted of one living room, one master bedroom shared by PW2 and the defendant, X’s bedroom, one bedroom shared by X’s brothers, one kitchen and one toilet.  X slept on an upper bunk bed with a desk below.

Charge 1

14.  The first occasion of rape took place on a day unknown in 2021 in the Flat, when X was around 11 years old.  PW2 was taking a shower while X’s brothers were sleeping in their own room.  X was sleeping in her own bed with the lights off.  The defendant finished playing video games and climbed into X’s bed. 

15.  X told the defendant to get out of her room but the defendant ignored her.  The defendant, who was topless, took off his pants and underpants and X’s underpants.  The defendant penetrated X’s vagina with his penis and also touched X’s breasts with both hands.  X could see the defendant’s face throughout.

16.  X tried to kick the defendant’s stomach but in vain.  X felt very painful and frightened.  X asked whether the defendant knew that she could get pregnant, but the defendant replied that it would not happen.  The incident ended when X said PW2 was coming out of the bathroom.  The defendant got off X’s bed and put his pants back on.  X put her underpants back on and went to sleep. 

17.  At the material time, the defendant raped X in that he had unlawful sexual intercourse with X who at the time of the intercourse did not consent to it; and at that time, the defendant knew that X did not consent to the intercourse or was reckless as to whether X consented to it. 

Charge 2

18.  On a day unknown in 2021, when the defendant and X went out, the defendant saw someone bump into X’s chest but X had no response.  When they returned to the Flat, the defendant used his right hand to brush X’s breasts lightly once over her clothes, because he had wanted to teach X to respond and also for his own sexual gratification. X merely looked at the defendant and said, “Ha”.  The defendant scolded X for not protecting herself.

19.  At the material time, the defendant indecently assaulted X, a girl of the age of 10 to 11 years. 

Charge 3

20.  On a day unknown in March 2023 (when X was around 13 years old), at about 11 pm, in the Flat, PW2 was taking a shower while X’s brothers were sleeping in their own room.  X was sleeping in her own bed.  The defendant climbed into X’s bed.  The light of X’s room had been turned off but there was some light from outside the window. 

21.  The defendant pushed up X’s nightgown and took off her underpants.  The defendant touched X’s bare genitals, then penetrated X’s vagina with his penis, without using lubricant or condom.  X was lying on her side facing the wall, while the defendant was lying on his side behind X.

22.  The defendant knew that X had been unwilling because she asked the defendant not to mess with her, but the defendant ignored her.  When X shouted pain, the defendant stopped.  He did not ejaculate.  The entire incident lasted about 5 minutes. 

23.  At the material time, the defendant raped X in that he had unlawful sexual intercourse with her, who at the time of the intercourse did not consent to it; and at that time, the defendant knew that X did not consent to the intercourse or was reckless as to whether X consented to it. 

Charge 4

24.  On 9 August 2023, at about 3 am, PW2 had gone to the hospital with the elder son.  The younger son was sleeping in his room in the Flat.  The defendant climbed into X’s bed.  The light of X’s room had been turned off, but there was some light from outside the window. 

25.  The defendant pushed up X’s nightgown and took off her underpants.  The defendant squeezed X’s breasts and touched her genitals, then penetrated X’s vagina with his erect penis, without using lubricant or condom.  X was lying on her side facing the wall, while the defendant was lying on his side behind X.  The defendant had moved his body.

26.  The defendant knew that X had been unwilling.  When X shouted pain, the defendant stopped.  He did not ejaculate.  The entire process lasted about 5 minutes.

27.  At the material time, the defendant raped X in that he had unlawful sexual intercourse with X, who at the time of the intercourse did not consent to it; and at that time, the defendant knew that X did not consent to the intercourse or was reckless as to whether X consented to it. 

Charge 5

28.  On 5 September 2023, at about 11 pm, in the Flat, PW2 was taking a shower while X’s brothers were sleeping in their own room.  X was sleeping in her own bed.  The defendant climbed into X’s bed.

29.  The defendant pushed up X’s nightgown and took off her underpants.  The defendant squeezed X’s bare breasts and touched her, then penetrated X’s vagina with his erect penis, without using lubricant or condom.  X was lying on her side facing the wall, while the defendant was also lying on his side. 

30.  The defendant knew that X had been unwilling because she asked the defendant not to mess with her, but the defendant ignored her.  When X shouted pain, the defendant stopped.  He did not ejaculate.  The entire incident lasted about 5 minutes.

31.  At the material time, the defendant raped X in that he had unlawful sexual intercourse with X, who at the time of the intercourse did not consent to it; and at that time the defendant knew that X did not consent to the intercourse or was reckless as to whether X consented to it. 

Charge 6

32.  On 14 September 2023, at about 11 pm, in the Flat, PW2 was taking a shower while X’s brothers were sleeping in their own room.  X was sleeping in her own bed.  The defendant climbed into X’s bed.  The light of X’s room had been turned off.  The door of X’s room was left open. 

33.  The defendant, who was topless, took off his underpants.  He pushed up X’s nightgown and took off her underpants.  He touched X’s breasts with both hands.  The defendant spread X’s legs open, lay on top of X, penetrated X’s vagina with his penis, and moved his body back and forth.  X’s vagina felt very painful.  They were facing each other and X could see the defendant’s face throughout. 

34.  X tried to kick the defendant’s stomach but in vain.  X had asked the defendant to get out of her room, but he ignored and said, “Once more, once more.”  X claimed that PW2 was coming out of the bathroom, so that the defendant would get off her bed. Afterwards, the defendant told X to keep quiet.  

35.  At the material time, the defendant raped X in that he had unlawful sexual intercourse with X who at the time of the intercourse did not consent to it; and at that time, the defendant knew that X did not consent to the intercourse or was reckless as to whether X consented to it.

X’s Complaint

36.  On 15 September 2023, X’s class teacher, PW3, was teaching X how to protect herself during interaction with boys, when X suddenly said that she did not want the defendant to mess with her because she could get pregnant.  X revealed that the defendant had penetrated X’s vagina with his penis.

37.  Upon being informed of X’s complaint, PW2 called to confront the defendant.  At first, the defendant denied.  PW2 asked why X would make such allegations if the defendant had not done so.  The defendant replied, “I have only touched her breasts and down there, but did not penetrate her.” 

38.  The case was then reported to the police. 

39.  On 16 September 2023, the defendant was arrested in the Flat.  Under caution, the defendant stated that he had only squeezed X’s breasts and stroked her private parts on 14 September 2023, and that he had penetrated her the week before. 

40.  On the same day, two cautioned video-recorded interviews were conducted with the defendant, during which he stated, inter alia, that:

(1) He had brushed X’s breasts lightly once over her clothes on a day unknown in about 2021 without X’s consent;

(2) He had penetrated X’s vagina with his penis on X’s bed on a day unknown in March 2023, on 9 August 2023, and on 5 September 2023, all of which without X’s consent;

(3) He had squeezed X’s bare breasts and touched X’s genitals in X’s bed on 14 September 2023 without X’s consent; and

(4) He had known that X had mild-grade intellectual disability from PW2, since X went to secondary school.

41.  Regarding offences of sexual assault on a child, Cheung JA (giving reasons for judgment of the Court of Appeal), said this at paragraph 8 of HKSAR v Tsang Chiu Tak [2013] 1 HKLRD 427:

“8. The Court of Appeal reiterated in many recent cases that the Court had to protect innocent trusting children and prevent these vulnerable persons from sexual abuse which would cause them physical and psychological trauma. In cases involving sexual assault on a child, it was necessary for the Court to adopt deterrent sentences to deter others from committing similar offences. Such deterrent sentences were to show the abhorrence of members of the public to crimes of this nature and to redress the grievance suffered by the victims and their families.”

42.  Further guidance was given by the Court of Appeal at paragraph 9 of the same case as follows:

“9. The Court of Appeal pointed out that when the Court dealt with offences of sexual assault on a child, the factors that it needed to take into consideration included:

(1) The age difference between the defendant and the victim;

(2) The relationship between the defendant and the victim,including whether the defendant had taken advantage of his position or status to commit the offence and whether there was a breach of trust in the case;

(3) Whether the defendant had used threats or inducements to make the victim succumb;

(4) The number of occasions of committing the offences and the duration of the offences;

(5) Whether inappropriate and unnecessary violence was used by the defendant to cause harm or discomfort to the victim;

(6) Whether any safety measures were taken by the defendant in sexually abusing the victim in order to avoid transmitting any venereal disease to the victim or getting her pregnant;

(7) Whether the sexual abuses have caused physical or psychological trauma to the victim;

(8) Whether the offences have impact on the family members of the victim;

(9) Whether the defendant was involved in other inappropriate behaviour such as inviting other people to watch or take photos or videos of the offence he committed; and

(10) Whether the defendant is psychologically imbalanced and paedophilic and the likelihood of re-offending.”

43.  The present case is no doubt an extremely serious case aggravated by multiple factors:

(1) The defendant committed the first of these offences on a day in 2021 when X was only around 11 years old. The defendant was aged around 30 at that time (he was born in Shenzhen on 1 November 1990). The last offence was committed on 14 September 2023 when X was only 13. During the period of his sexual abuse, X was only an underage child who had no way to protect herself. Also, the age difference between the defendant and the victim was huge.

(2) This was a case involving a serious breach of trust. X is the defendant’s step-daughter living together in the same household.

(3) To the knowledge of the defendant, X was diagnosed with Autism Spectrum Disorder, and was assessed to have mild-grade intellectual disability, which no doubt made her more vulnerable to the sexual assault by the defendant.

(4) Multiple serious sexual assaults were carried out by the defendant on X over the course of over two years. That is, from 2021 to September 2023.

(5) No safety measures were taken by the defendant in sexually abusing the victim in order to avoid transmitting any venereal disease to the victim or getting her pregnant.

(6) The sexual abuse by the defendant on X have caused great psychological trauma and harm to X. According to the Victim Impact Report on X dated 20 January 2025, the defendant exploited X’s vulnerabilities and limitations for his own gratification, ultimately causing significant harm not only to X but also to their entire family. The emotional manipulation inherent in the abuse continues to leave X in a state of confusion and distress, despite the fact that the defendant has been arrested. Since the defendant’s remand, X’s mother has faced significant challenges in managing the care of X and her siblings, leading to arrangements for X to live with her maternal grandmother. It has inadvertently intensified X’s feeling of isolation or abandonment, further exacerbating her fears and emotional distress.

(7) The clinical psychologist opines that X is a 14-year-old girl who was sexually abused by her step-father. The psychological impact of this abuse is profound and multifaceted, particularly in the context of her diagnosed mild-grade intellectual disability and autism spectrum disorder. Although X has difficulty communicating her feelings and fully comprehending what the defendant did to her, this does not mean that she is unaffected. Her emotional struggles are profound and are further highlighted by reported suicidal thoughts and self-harming ideation, which reflect a strong tendency to avoid confronting the trauma she endured. Therefore, therapeutic interventions to support X in navigating the challenges that she is facing are essential.

(8) Somewhat surprisingly, X’s mother wrote a letter to the court dated 21 November 2025, stating that X was initially upset after the defendant was remanded in custody, and that X is now in good spirits. If this is intended to say that X has not suffered harm from the serious abuse suffered by her, I have no hesitation in rejecting such a suggestion. For one thing, as accepted by the defendant’s counsel, X’s mother is in no way an expert on this subject matter.

(9) Psychological report and psychiatric report on the defendant were called for. According to the clinical psychologist, no expressed remorse on the part of the defendant was observed, and the risk for the defendant to commit offences of similar nature in the future is “at the lower end of the moderate range”.

44.  Taking into account all the circumstances of the present case, including the aggravating features set out above, I hold that the proper starting point for each of the five charges of rape should be 15 years’ imprisonment. 

45.  I consider that the only mitigating factor which may reduce the defendant’s sentence is his timely plea, for which I would give him a one‑third discount. 

46.  Accordingly, the defendant’s sentence on each of the five charges of rape is reduced to 10 years’ imprisonment.

47.  As to the sentence on the sole charge of indecent assault (Charge 2), I would accept the defendant’s suggestion of adopting 18 months as a starting point, reducing it to 1 year for the defendant’s guilty plea.

48.  Finally, I have to determine the overall sentence that the defendant will have to serve.  Having regard to the fact that these offences were separate offences, but at the same time taking firmly into account the totality principle, I hold that the overall sentence which the defendant has to serve should be 14 years and 6 months’ imprisonment.

49.  To achieve the totality of 14 years and 6 months’ imprisonment, I sentence the defendant as follows:

(1) The defendant is sentenced to 10 years’ imprisonment on Charge 1.

(2) The defendant is sentenced to 1 year’s imprisonment on Charge 2, with 6 months of that sentence to run consecutively to the sentence on Charge 1.

(3) The defendant is sentenced to 10 years’ imprisonment each on Charge 3, Charge 4, Charge 5 and Charge 6.

(4) The sentences on Charge 3, Charge 4, Charge 5 and Charge 6 are to run concurrently with each other, but 4 years of that concurrent total are to run consecutively to the sentences on Charge 1 and Charge 2.

(5) This makes a total of 14 years and 6 months’ imprisonment.