HKSAR v. WONG PAK-SUM

HCCC29/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 29 OF 2009

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

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COURT: Wong Pak-sum, on the indictment before the court you have pleaded guilty to attempted rape and that plea was accepted by the prosecution. You are accordingly convicted of the offence of attempted rape.

  The offence occurred at around 2.30 in the afternoon on 10 October last year. The victim of the offence was a 36‑year‑old domestic helper from the Philippines, who was employed by your son and daughter-in-law at the flat in Tai Po where you lived with them and your three-year-old grandson. The victim is a married lady and has five children in the Philippines. She had only started working for your family four-and-a-half months earlier.

  At the time of the offence you and she were alone in the flat. I am told by Mr Lam that this was the first time she had been alone with you in the flat. She was sitting on a bed preparing clothes for ironing. You suddenly stood in front of her and pushed her down onto the bed. You grabbed her arms with great force and then pulled up her T-shirt and tried to pull down her brassiere. She tried to resist and shouted at you to stop but you just ignored her.

  Despite her vigorous attempts to push you away, you removed your trousers and underpants and then her trousers and underpants. You parted her legs and were using your left hand trying to insert your penis into her vagina without a condom. After about five seconds you ejaculated. You then laughed and started to clean yourself. She was crying. You then offered her $100 and she refused to take it. She was naturally very distressed by what had occurred and reported the matter to the police and to her sister.

  When the police arrived they found that she had a number of red marks on her chest and on other parts of her body consistent with the struggle she had put up to resist your advances. When the police questioned you, your reaction was to tell them that the victim had consented to what you had done. Even the following day when you were interviewed by the police, in the company of a lawyer, you took the same attitude that she had consented.

  What makes this offence particularly serious is that you took advantage of an innocent married woman and mother who had come from the Philippines to live and work in your home as a helper. The fact that she was obliged to live in close proximity to you and your family made it all the more important that you treated her with consideration and respect. Your conduct on the first time you were alone with her, which amounted to assuming that you were entitled to have sexual intercourse with her whether she agreed or not and then offering money to her afterwards, demonstrates what your attitude to her was.

  As a result of what you have done, she has remained in Hong Kong for the last nine months unable to work. Apart from some assistance with food provided by the Social Welfare Department, she has been supported by her sister. The debts she incurred in order to come to Hong Kong to work, which amount to about $34,000, remain unpaid. I am told that the reason she has not been permitted to take up further employment in Hong Kong is because your daughter has not signed release papers. I hope that if that is the real reason she has not been permitted to obtain further employment and if she wishes to do so, that that will no longer be a bar to her obtaining further employment in Hong Kong.

  Had this matter proceeded to trial and you had been convicted of attempted rape, I would have regarded a sentence of 4 years' imprisonment as being appropriate. I take into account that it did not proceed to trial and you have recognised your responsibility by pleading guilty today. I also take into account that at the time of the offence you were 80 years of age, had no previous convictions and had been a responsible husband and father.

  In normal circumstances your plea and previous good character would have simply warranted a discount of one third. However, I also have to recognise that although you enjoy relatively good health for a man of your age, you are now 81 and, therefore, do not have the life expectancy of a younger man. It's possible that you may not have the resilience of a younger man to enable you to cope with an extended term of imprisonment. Furthermore, I take into account that you are extremely unlikely to commit this sort of conduct ever again.

  In such circumstances, I consider a sentence of 2 years' imprisonment to be appropriate and that is the sentence I pass.