HKSAR v. LEUNG KA KIN

DCCC87/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 87 OF 2009

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Reasons for Sentence

1.  Defendant, you have pleaded guilty to an offence of unlawful sexual intercourse with a girl under the age of 13 years of age, contrary to section 123 of the Crimes Ordinance. 

2.  You admitted that you committed this offence on 25 April 2008 at Room 17, 6th Floor, Chung Hing Building, Chung Wui Street, Mong Kok, Kowloon.  This premises was your home.  The girl in question was your girlfriend.  You had come to know each other from extra-curricula activities in September 2007.  At that time you were in Form 5 and the girl was in Form 1.  On 25 March 2008, you both became boyfriend and girlfriend.  On the day in question, the girl went up to your residence and you had first played TV games inside your room and then you had sexual intercourse with her with the use of a condom.  When the girl returned home, her relatives saw a red mark on her neck, interrogated her and this occurrence came to light.  Upon your arrest on 27 April, you immediately admitted that you had consensual sexual intercourse with her at your home.

3.  Your solicitor, Mr Chow, made very full and persuasive mitigation on your behalf on the last occasion and again this morning.  I adjourned on the last occasion for a Probation officer’s report and a Community Service Order report.  You are 17 years of age and have a clear record.  I have received many letters and your school reports and it appears to me that these letters show that you are generally a person of good character.

4.  The Probation report is a favourable report.  It appears that although your academic performance is poor due to your lacking motivation, unsatisfactory learning ability as well as you suffering from obstructive sleep apnoea which has affected your attentiveness in class and schoolwork since your primary school, it appears that you have never exhibited any serious misconduct in school, do not have undesirable associations, have not tried soft drug abuse nor have any vice habits, nor do you hang around in entertainment centres for fun-seeking activities.  The Probation officer opines that you are not a wayward youngster who has gone astray but the current offence reflects your lacking self-discipline, control of your sexual desire as well as your impulsiveness without consequential thinking. 

5.  As I have mentioned, this is a serious offence as the law is there to protect young girls, however, you yourself being a young man, I look at the ages of both of you and given your background, your clear record, the fact that you have learnt a hard lesson and that you have supportive parents, you are remorseful, and I consider that you deserve a chance to be rehabilitated in an open setting.  I am informed that you agree to be placed on probation.  Is that correct?

DEFENDANT:  Yes.

6.  I therefore sentence you to 18 months probation with the special conditions that you should be of good behaviour and keep the peace, shall keep in touch, study, work and reside as directed by your Probation officer and you shall participate in any social education groups or programmes as deemed suitable to your social rehabilitation. 

(Breach of Probation order explained and understood by the defendant)