HKSAR v. CHOW KAM HUNG AND ANOTHER

DCCC601/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 601 OF 2011

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.  D1 and D2, you have both pleaded guilty to an offence of attempted burglary, contrary to section 11(1)(a) and (4) of the Theft Ordinance, Chapter 210 and section 159G of the Crimes Ordinance, Chapter 200, Laws of Hong Kong. In addition, D1, you have also pleaded guilty to an offence of remaining in Hong Kong without the authority of the Director of Immigration after having landed here unlawfully, contrary to section 38(1)(b) of the Immigration Ordinance, Chapter 115, Laws of Hong Kong.

2.  The Summary of Facts which you have both agreed establish that on 18 March of this year, in the early hours of the afternoon, a police officer who was on anti-burglary surveillance at the rooftop of the premises in question in Morrison Hill Road, Wanchai, observed you two outside Flat No. 27 on the 7th floor.  It was you, D1, who the officer saw holding a metal file which you inserted into the keyhole of the metal gate no doubt in an attempt to gain entry.  You, D2, at the time were acting as a lookout.  When you two were alerted to the presence of police, you ran down the stairs, abandoning the metal files and other paraphernalia, and left the building only to be intercepted shortly afterwards by other officers at Lockhart Road near Canal Road East.  Upon inquiry, your illegal status, D1, was revealed. 

3.  Both of you have clear records in Hong Kong and you both have pleaded guilty to the respective charges that you face. 

4.  In sentencing each of you, I take full account of the mitigation that has been put before me by your respective counsel. Whilst I am aware that there was no damage to the lock to these premises and no loss suffered by the occupants of the premises, the normal starting point for burglary of domestic premises is one of 3 years’ imprisonment, and I see no reason to depart from that starting point in relation to the 1st charge that you both face.

5.  I will, however, give credit to both of you for your pleas of guilty to the offence and accordingly discount the sentence of 3 years by one-third to take account of this, coming to 2 years’ imprisonment in relation to each of you on Charge 1.

6.  In addition, D1, the customary sentence for illegally remaining in Hong Kong, that is Charge 2, is a sentence of 15 months’ imprisonment which already takes account of your plea of guilty.  Accordingly, I sentence you on Charge 2 to 15 months’ imprisonment which should properly be ordered to run consecutively to the sentence on Charge 1.  However, due to the question of totality of sentence, I order 9 month of the term of 15 months to run consecutively to the term of 2 years on Charge 1 and the balance concurrently, arriving at a total sentence in your case of 2 years 9 months’ imprisonment in all.