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HCCC 439/2013
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CRIMINAL CASE NO 439 OF 2013
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HKSAR |
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FOK
Lap-yin, Ian Lee Christoffer
霍立賢 |
(A1) |
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CHAN
Ming-tin 陳明天 |
(A2) |
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| Date: |
28 August 2014 at 3.30 pm |
| Present: |
Ms D Crebbin and Ms Emma T C Tsang, on fiat, for HKSAR |
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Mr Peter Cahill, instructed by Pang, Wan & Choi, assigned by the Director of Legal Aid, for the 1st accused |
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Mr John Hemmings, instructed by Herman H M Hui & Co, assigned by the Director of Legal Aid, for the 2nd accused |
| Offence: |
(1) Murder (謀殺)
(2) Attempted murder (企圖謀殺) |
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Transcript of the Audio Recording
of the Sentence in the above Case
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COURT: Stand up, please.
You both stand convicted of murder. In your case, Fok Lap‑yin, by the verdict of the jury. In your case, Chan Ming-tin, by your own plea.
The sentence for murder is fixed by law. Accordingly, I sentence you both to life imprisonment on Count 1 of the indictment.
Fok Lap-yin, you also stand convicted by the jury of attempted murder. Although it was not your hand that directly struck at your mother, there is no doubt that you planned and sought her death and you held her whilst your accomplice attempted to kill her by stabbing her with a knife. I judge that it was chance that she survived.
In those circumstances, the sentence will be one of 20 years’ imprisonment on Count 2.
Your counsel asked me to adjourn for a further psychiatric report. I do not need one. The jury, by their verdict of murder on Count 1, clearly rejected the opinion of your psychiatrist, Dr Yu. They rejected the claim that your responsibility for your crime should be diminished.
I know enough that I need to know about your mental state to sentence you on Count 2, from the report of Dr Chiao.
Chan Ming-tin, because your sentence was fixed by law, I cannot reflect in it any credit for your plea of guilty to murder. Your eventual release date lies in the hands of others. It will be up to them to reflect your plea in their decisions, if they think it right. Your counsel has claimed on your behalf remorse. I have no reason to think that that claim is other than well-founded.
You can both go down.
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