HKSAR v. CHEUNG CHI HUNG

DCCC 731/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 731 of 2013

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to one charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance.

2.  You have admitted that on 7 June 2013 you entered a building known as Chi Sing Guest House on the 15th floor of Rex Building, Nathan Road, Mong Kok, and stole one mobile phone, three keys and cash of $50.90.  This guest house was operated by a husband and wife. There were 14 rooms located in the premises. 

3.  At about 4.50 am that day, one of the residents of Room 2 went into Room 1 where the operator was resting and told him that you, defendant, had opened his room door, Room 2, with a key and entered his room.  The operator, Mr Cheng, then went out of his room and found you at the reception counter of the premises.  He made enquiries from you and you claimed that you rented a room at these premises the night before.   As he knew that you were not a resident of the premises he thus reported this case to the police.

4.  In your possession was found the stolen items as mentioned in the charge sheet.  Those items were (i) a mobile phone was originally placed in a box at the reception counter.  (ii) two keys which were for Rooms 1 and 3 respectively, they were also placed at the reception counter.  (iii) Cash of $50.90 which was also placed in a box at the reception counter.

5.  At about midnight, Room 3 door was closed but not locked and the light was off, when Mr Cheng, the operator, came out and found you in the reception, he also found the door of Room 3 was opened and the light was on.  When the police arrived, they found that a key was inserted into the lock of the door of Room 2.

6.  Under caution, you admitted that you stole all these items in the charge sheet from the reception counter of the premises.  

7.  You are 28 years of age and you have eight previous convictions on six occasions you appeared in court.  Six of those are for dishonesty offences.  You commenced committing offences 10 years ago when you were 18 years old. 

8.  Mr Kong has submitted that these premises can be regarded as non-domestic premises.  I have told him that I do not accept these are non-domestic premises.  I accept this is a guest house, however, there were residents at that time in the guest house and at the material time you had used a key to enter into a room of which a guest was then occupying.  It was early in the morning, at about 4.50 am.  No doubt you caused this occupant great fear and alarm as he immediately went to tell the operator Mr Cheng. 

9.  In my view, this falls well within the description of domestic premises whereby the occupants there were using these premises as their residence whether it be temporary or permanently. Although you stole everything from the reception counter, that matters not, as you had clearly entered the premises, the whole premises, on the basis that you were intending to steal from those premises including, I would infer from Room 2 had you not seen and interrupted by the occupant in there.

10.  Defendant, you were only just released from prison in 16 May 2013.  Approximately just over a month later, you committed this very serious offence.  You appear to have no regard to the law and the previous sentences passed upon you do not seem to have any effect whatsoever. 

11.  Defendant, you are aware that this offence of domestic burglary carries a starting point of 3 years’ imprisonment after trial.  I note this is your first offence of burglary, and in those circumstances I am prepared to take that starting point of 3 years’ imprisonment despite your previous record for dishonesty offences.  Giving you full credit for your plea of guilty, I reduce that term to one of 2 years’ imprisonment to which you shall be so sentenced.