HKSAR v. ZHANG HONGQIANG

DCCC584/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 584 OF 2012

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to a single offence of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210. You admitted the Brief Facts and I convicted you.

2.  What actually happened is this.  On 16 May last, at around 0026 hours, the manager of a noodle shop at 40-44A Jordan Road, Yau Ma Tei placed $10,320 in a locked drawer under the cash counter. He closed the restaurant and left.  At about noon, he returned to find the drawer prised open and the cash gone.  CCTV footage showed that you, who had resigned previously, committed the offence at about 0105 hours.  You had worked there as a kitchen worker and had never returned the keys when you resigned.

3.  On 29 May of this year, you surrendered to Yau Ma Tei Police Station and you were arrested and cautioned.  You admitted the offence.  You said you used a chopper from the kitchen to prise open the wooden drawer.  You stole the money and spent it.  You committed the offence out of greed.  You admitted to four previous convictions on one previous occasion, one subsequent occasion.  One conviction involved dishonesty.  Currently, you are the subject of a training centre order. Therefore, given this fact and your age, I adjourned the case and called for a probation officer background report and a training centre report.  Those reports are before me and have been considered.  I note the positive recommendation for a training centre order in this case.

4.  Mr Leung on your behalf entered mitigation.  He told me that you accept the contents of the two reports and urged me to continue with the training centre.  You are 20 years of age, the product of a broken home, and you have been brought up with a lack of parental supervision.  Whilst you are close to your mother, your relationship with your stepfather is poor.

5.  Whilst acknowledging that the offence was committed on bail, Mr Leung did point out that you surrendered to the police.  You were extremely co-operative with the police.  You pleaded guilty at the first available opportunity and you are remorseful.  He read to me a letter that you yourself had written and a letter written by your mother who is present in court today. 

6.  Mr Leung realistically conceded that the starting point for a non-domestic burglary is some 30 months.  However, he urged me to give you a chance by making a further training centre order in order to rehabilitate you.  He also placed before me the case of HKSAR v Ho Wai Ming, DCC600 of 2010.  In that case, my colleague, Judge Remedios, imposed a detention centre order on a defendant who had committed two burglaries and other offences. 

7.  I turn now to the sentence.  I note that you are 20 years of age and the product of a broken home.  Your criminal record to this point is undistinguished.  This offence was committed whilst you were on bail for a previous offence and is in fact a breach of trust.  At present, you are serving a period of training in a training centre.  It appears from the reports that your reaction to that period of training is positive and that it is recommended that a further training centre order be made.  You are aware that the normal sentence in this type of offence would be a starting point of 30 months’ imprisonment reduced to 20 months for your guilty plea. 

8.  In your favour, you did surrender yourself to the police.  Upon surrender, you were extremely co-operative.  Your mother’s presence in court today suggests to me that you do enjoy her support.  Therefore, in all the circumstances, I am prepared in this case to adopt the more rehabilitative sentence.  This must be viewed as a final chance.

9.  Stand up, please.  In this case, you will go to training centre.  Thank you.