HKSAR v. LAU SHUAI

 DCCC847/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 847 OF 2010

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Reasons for Sentence

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1.  Lau Shuai, you have been convicted on your own pleas of one charge of theft, one charge of robbery, one charge of possession of an offensive weapon in a public place, and one charge of remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong.

2.  You have admitted that you entered Hong Kong illegally on 15 June this year by hiding under a truck. Three days later, in Long Tin Road, Yuen Long, you stole the bicycle of a man who was tending to his orchids.

3.  About an hour later on the same road you robbed a lady staff member of the Leisure and Cultural Services Department of her necklace as she was inspecting plants growing in the area. It was a gold necklace worth about $8,000. Initially you grabbed her necklace from behind, and as she was turning around, you broke the chain of the necklace and removed it from her by force. As she turned around she saw you were pointing a knife at her neck. You told her not to move and then mounted the bicycle you had stolen earlier and rode off.

4.  Later that same afternoon you were stopped by a police officer as you were riding the bicycle. The necklace was in your trouser pocket. The knife was in a bag in the basket of the bicycle.

5.  At first you claimed that the bicycle and the necklace were yours. Only later did you admit the truth.

6.  I have listened to all that Mr Chong has said on your behalf.

7.  I bear in mind that fortuitously all the stolen property was recovered and that fortunately nobody was hurt. I bear in mind that you were only 17 at the time you committed these offence, but that was quite old enough to realise what you were doing was seriously wrong.

8.  Those who come to Hong Kong and commit serious criminal offences like you have can expect to receive severe sentences.

9.  The robbery of the lady of a valuable necklace with a knife is a particularly serious offence and warrants a starting point of 5 years’ imprisonment.

10.  For the offences of theft of the bicycle and possession of the offensive weapon I adopt a starting point of 6 months’ imprisonment in respect of each charge.

11.  For the offence of unlawful remaining, I adopt a starting point of 22½ months’ imprisonment.

12.  The only real mitigation in your case are your pleas of guilty and for those pleas you are entitled to the usual discount of one-third.

13.  I pass sentence as follows.

14.  On Charge 2, the robbery charge, the most serious charge, I sentence you to 40 months’ imprisonment, that is 3 years 4 months.

15.  On Charge 1, the theft of the bicycle, I sentence you to 4 months’ imprisonment, 2 months of which are to run consecutively to the sentence on Charge 2.

16.  On Charge 3, the charge of possession of an offensive weapon, I sentence you to 4 months’ imprisonment, which is to run concurrently with the sentences on Counts 1 and 2.

17.  On Charge 4, the charge of unlawful remaining, I sentence you to 15 months’ imprisonment, to run consecutively to the sentences on Charges 1, 2 and 3.

18.  That is a total 4 years 9 months’ imprisonment.