HKSAR v. LI WAI YAN

IN THE HIGH COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL No. 395 of 1997

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J U D G M E N T

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Hon P Chan, Chief Judge:

1. The appellant pleaded guilty to one count of theft and was sentenced to be detained in a Training Centre. The offence was committed at home. She had stolen from her mother $1,500 and a gold ring worth $700.

2. Before sentencing the appellant, the magistrate obtained very useful reports. The background of the appellant was as follows. At the age of 16, she dropped out of Form 1. She committed theft for the first time in July 1995. She was not charged but was merely cautioned by the police. Shortly after that, she committed another theft and was put on probation for 18 months. Less than a year later, she was in breach of the probation order in that she absconded from home and stayed away. She also associated with triad members and she had to be ordered to stay in a Girl's Home for six months.

3. It would seem that it was the third time she committed theft. I note that these thefts were from her own family. The family pleaded on her behalf for a lenient sentence. I understand from her grounds of appeal that she had brought home a large portion of her earnings and now wanted to have some money for her own use.

4. According to the reports, she had weak family control and supervision. Apparently, her relationship with her mother was not good but the most important thing was that she had no insight into her own problems and required some disciplinary training. Probation was found to be no longer possible or practicable and community service order was also found not suitable.

5. I have called for a progress report which was very favourable to her. It says that she has adjusted well. She has shown remorse towards her past misdeeds and wants to rectify the situation. She has a very strong determination to lead a law-abiding life and her father has shown concern for her. He is now willing to take care of her. The report, however, recommends that continuous training in the Training Centre would be more beneficial to her.

6. In the circumstances, while I have sympathy for her for a temporary loss of freedom, I think it would be in her long term interest to remain in a Training Centre for at least a short while so that she would become more self-disciplined and more stable. I would therefore dismiss her appeal but add a strong recommendation that she be released as early as possible when the supervisor takes the view that she has been disciplined and can be released.