HKSAR v. KWOK CHUEN FAAT

DCCC 541/2021

[2022] HKDC 1009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 541 OF 2021

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REASONS FOR SENTENCE

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1.  Mr Kwok pleaded guilty before me to a charge of Theft, contrary to section 9 of the Theft Ordinance, Cap 210.

2.  Particulars of the offence are that he, on a day unknown between 2 and 9 February 2020, both dates inclusive, in Hong Kong, stole one private car bearing registration mark SY1031, property belonging to Wong Hing Ho.

Facts admitted by Mr Kwok

3.  On 2 February 2020, at about 7:13 pm, Wong the victim parked a private car bearing registration mark SY1031 (“the Vehicle”)  in Hing Wah Street West, Sham Shui Po.  When he returned the next morning, the Vehicle was gone. He made a police report.

4.  On 9 February 2020, at about 3:30 pm, PC 11457 was at Waterloo Road, Kowloon.  A private car bearing number plates LR2931 (later known to be the Vehicle)  was illegally parked there.  PC 11457 inspected the Vehicle and found:-

(a)  The vehicle licence (bearing number SY1031)  on the Vehicle did not tally with the number plates number;

(b)  The Vehicle was unlocked;

(c)  The right rear quarter glass was broken;

(d)  The engine starter was destroyed with electric wires and inner parts exposed; and

(e)  The car key remained inserted.

5.  Based on CCTV footage, the police found the movement of Mr Kwok from the Vehicle to Room 1007 of a nearby hotel.  At about 6:25 pm the same day, police located Mr Kwok at the hotel room.  He was arrested.

6.  Under cautioned VRI, Mr Kwok claimed:-

(a)  He borrowed the Vehicle from one Ah Cha on 6 February 2020, but he was unable to provide the contact details of Ah Cha;

(b)  He did not know the owner of the Vehicle;

(c)  He did not know the relationship between the Vehicle and Ah Cha;

(d)  He did not know how Ah Cha obtained the Vehicle;

(e)  He did not inspect the Vehicle when he borrowed it;

(f)  He had not inspected the vehicle licence of the Vehicle;

(g)  He was not aware of any damage to the Vehicle;

(h)  The car key had already been inserted into the engine starter and he was told not to remove it;

(i)  He further lent the Vehicle to one Ah Ming from morning till evening of 7 February 2020;

(j)  He was not aware of any damage or destruction made to the Vehicle when Ah Ming returned it;

(k)  He had not inspected the vehicle number plates of the Vehicle when Ah Ming returned it; and

(l)  He drove the Vehicle to Waterloo Road at about 9:30 am on the day of arrest and parked it there.

7.  Mr Kwok now admits he committed the offence subject of the charge.

Criminal record

8.  Mr Kwok has 14 previous convictions one of which was an attempted burglary recorded in 2019.  It appears that after he has been granted bail for the present offence, he continued to commit 4 other offences which had already been dealt with in the Magistracy (item 8 on the Criminal Record Summary refers).

Antecedents

9.  Mr Kwok is aged 38 (almost 36 at the time of the offence), educated to F3 level, had worked as a transportation worker.  Mr Kwok resided with his parents in public housing in Tin Shui Wai.

Mitigation

10.  Ms Cherry Hui of counsel assigned by the Director of Legal Aid mitigated on behalf of Mr Kwok.  The following is a summary of the mitigation submissions.

11.  Mr Kwok is single.  Before his arrest and detention, Mr Kwok was employed by his elder brother’s company as a casual transportation worker and he earned about $10,000 a month.  Mr Kwok had worked for his brother for over 10 years.  His brother is willing to continue to support and employ him again.

12.  Mr Kwok apologizes and deeply regrets his wrongdoing.  Mr Kwok has been detained for about 16 months.  During this period, he has deeply reflected on his actions and is now very remorseful.  He asks one last time for an opportunity to mend his ways and turn over a new leaf.  He hopes that he can be released soon.

13.  Ms Hui referred to the following authorities to submit that a starting point of 3 years is appropriate for cases of theft of vehicle:-

Attorney General v Ng Kwok Hung, CAAR 7/1996;

HKSAR v Cheng Chun Ming, CACC 356/2000;

HKSAR v Yu Chi Chiu, CACC 198/2015; and

HKSAR v Muhammad Waqas, CACC 272/2017.

14.  The court is urged to give Mr Kwok the full 1/3 discount and to impose as lenient a sentence as possible.

Sentence

15.  I will adopt a starting point of 3 years as suggested by Ms Hui.

16.  Save for the plea of guilty, I cannot discern any other worthy grounds for reducing sentence.  I will give Mr Kwok the full 1/3 discount.

(Mr Kwok, please stand)

17.  The sentence will be 2 years’ imprisonment.