HKSAR v. LAI KING MAN

DCCC 1172/2024

[2025] HKDC 1815

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1172 OF 2024

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REASONS FOR SENTENCE

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1.  The original charge sheet contained a total of 22 charges of various offences. The Prosecution applied to add one more count of forgery as Charge 23, to which the Defence objected strongly. Upon plea bargaining, the Defence has no objection to the addition of Charge 23, and at the end of the day, Charges 2 and 23 are left on court file. The Defendant was convicted of Charges 1, 3 to 22, totalling 21 charges.

Summary of Facts

Charge 1 - Theft of motorcycle WL8090

2.  In the early hours of 5 October 2023, Tong Ka-cheong (Tong)  parked his motorcycle WL 8090 outside 11 Palm Street, Tai Kok Tsui.  He kept his jacket, valued at about $800, in the storage area under the seat of the motorcycle.  The chassis number of the motorcycle was RFBV23000K2500695.  At about 6:50 am on the same day, Tong discovered that his motorcycle was missing.  He still had the motorcycle key with him.

Charges 6 to 8 - Incident on 5 December 2023

3.  At about 3:15 am on 5 December 2023, the police set up a road block outside No.75 Nga Tsin Wai Road, Kowloon City.  At about 3:37 am, PC7417 intercepted the Defendant, who was driving a motorcycle (V1), which has the number plate XC2016 and a vehicle licence XC2016.  However, the chassis number of V1 matched that of Tong’s stolen motorcycle.  

4.  Upon body search, the police found a plastic bag containing 1.5 grammes of a crystalline solid containing 1.5 grammes of methamphetamine hydrochloride (P1).  The government chemist confirmed the narcotic content thereof (MFI-1).

5.  It transpired that when the Defendant was driving V1 on 5 December 2023, he was disqualified from holding or obtaining a driving licence from 1 June 2022 to 31 May 2026.  The Defendant was driving V1 without a valid third party insurance in force.

6.  The Defendant was arrested. Under caution, the Defendant said he bought the drug for self-consumption.  The Defendant also said he stole V1 when asked.  

7.  Subsequently, Tong inspected V1 and identified that V1 was his stolen motorcycle.  Tong could use his key to ignite V1.

Charge 3 - Theft of motorcycle WM4611

8.  At about 2 pm on 1 December 2023, Lai Man-to (Lai)  parked his motorcycle WM4611 outside Sau Yin House, Sau Mau Ping Estate.  The chassis number of the motorcycle was RFGLFA501KSA03983. 

9.  Lai found out that his motorcycle was stolen on 5 December 2023.  He still had the keys of the motorcycle.

Charges 9 to 13 - Incident on 21 December 2023

10.  At about 7:26 am on 21 December 2023, PC8835 was driving a police vehicle.  He spotted that the Defendant was driving a motorcycle VV5967 with a passenger, Cheng Wai-kwan (Cheng)  on Tung Tau Tsuen Road (Southbound).  The vehicle licence of the motorcycle, however, was TH1928 (V2). 

11.  It transpired that the chassis number of V2 matched that of Lai’s stolen motorcycle.

12.  The Defendant was found to breach the ‘Right turn only’ traffic sign before the junction of Tung Tau Tsuen Road and Ching Tak Street by driving straight across the junction. The police chased after V2 with siren and used a loudspeaker to demand the driver of V2 to stop.  However, the driver accelerated to about 80 km/h when the speed limit was 50 km/h.  He travelled along Tung Lung Road (Eastbound)  at about 60 km/h and went against red lights twice.  The driver turned left to Tung Kwong Road when the traffic signal was red.  

13.  The dash camera of the police vehicle captured the careless driving of the Defendant.

14.  When V2 reached the roundabout of Tung Fat Road, it fell down.  The Defendant fled from the scene and the passenger, Cheng, fell down.  Cheng has known the Defendant since 2020. They intended to go to Wong Tai Sin to have breakfast.

15.  When the Defendant was driving V2 on 21 December 2023, he was disqualified from holding or obtaining a driving licence from 1 June 2022 to 31 May 2026.  He did not have a third party insurance in force.  

16.  Subsequently, Lai inspected V2 and confirmed that V2 was his stolen motorcycle.  He was able to ignite the motorcycle with his key.  

17.  V2’s true registration mark was WM4611 while V2’s number plate showed VV5967 and the vehicle licence was TH1928.  

Charge 4 - Theft of motorcycle YJ9374

18.  On 9 February 2024, Ho Fu-lum (Ho)  parked his motorcycle YJ9374 outside Sau Yin House, Sau Mau Ping Estate. The chassis number of the motorcycle was MH3RH218000003221.  

19.  Ho discovered that his motorcycle was missing in the afternoon of 17 February 2024.

Charges 14 to 17 - Incident on 22 February 2024

20.  On 22 February 2024, the police found a motorcycle displaying a number plate VM7529 and a vehicle licence UC4381 (V3)  in Lower Wong Tai Sin (II)  Estate.  The chassis number of V3 matched that of Ho’s stolen motorcycle.  

21.  The number plate VM7529 and the vehicle licence UC4381 found on V3 were not related to the true registration mark of V3, YJ9374. (Charges 16 and 17)

22.  The CCTV outside Lung Shing House, Lower Wong Tai Sin (II)  Estate captured that:-

(i)  At around 1:46 am, the Defendant was driving V3 outside Lung Shing House.

(ii)  At about 1:48 am, the Defendant parked V3 and then walked away.

23.  When the Defendant was driving V3, he was disqualified from holding or obtaining a driving licence from 1 June 2022 to 31 May 2026.  There was no third party insurance. (Charges 14 and 15)

24.  On 23 February 2024, the Defendant was arrested again in relation to V2 and V3.  

25.  On 24 February 2024, the Defendant in the video-recorded interview stated, inter alia, that:-

(i)  He took V2 sometime between 1 December and 5 December 2023.

(ii)  He did not know the owner of V2.

(iii)  He affixed the vehicle licence with the registration mark TH1928 on V2, and used the number plate VV5967 on V2.

(iv)  He drove V2 in the morning of 21 December 2023 and ran against red lights a few times.

Charge 5 - Theft of motorcycle XZ2562

26.  In March 2024, Au Siu-kit (Au)  reported to the police that his motorcycle XZ2562 with chassis number RFGLFB501MSB00851 was missing.

Charges 18 to 22 - Incident on 27 March 2024

27.  In the afternoon of 27 March 2024, police officers saw the Defendant driving a motorcycle (V4)  with a passenger on board in Sau Mau Ping Estate.  

28.  The police conducted a background check, which revealed that the Defendant was not the registered owner of V4.  The chassis number of V4 matched that of Au’s stolen motorcycle.  

29.  The Defendant and his passenger alighted from V4.  The Defendant took a handbag out of a thermal bag on the paddle of V4.  The police officers intercepted the Defendant and his passenger.

30.  Upon a body search on the Defendant, the police found the following items:-

(i)  8 skeleton keys in the Defendant’s jacket.

(ii)  Inside the thermal bag on the paddle of V4, one bundle of straps, one pair of gloves, 3 spanners, 3 screwdrivers, 4 wrenches, one pair of pliers, one pair of scissors, one drill bit and one key chuck.

(iii)  A skeleton key in the ignition lock cylinder of V4.

31.  In addition, a metallic cylindrical container was found inside the handbag carried by the Defendant.  Inside the container, the police found, inter alia, one transparent resealable plastic bag containing:-

(i)  2 plastic bags containing 0.54 gramme of a crystalline solid containing 0.53 gramme of methamphetamine hydrochloride (P2); and

(ii)  One plastic bag containing 0.8 gramme of a solid containing 0.67 gramme of ketamine (P3).

32.  The government chemist confirmed the narcotic content thereof (MFI-1).

33.  When the Defendant was driving V4 on 27 March 2024, he was disqualified from holding or obtaining a driving licence from 1 June 2022 to 31 May 2026.  There was no third party insurance. (Charges 18 and 19) 

34.  The true registration mark of V4 is XZ2562 while at the material time; V4 displayed the number plate VT8658 and the vehicle licence SU8420. (Charges 20 and 22)

35.  On 27 March 2024, the Defendant was arrested again.  Under caution, the Defendant said he drove V4 away out of momentary greed and for expediency.  As regards the drugs, the stuff was for his own consumption.

Mitigation

36.  Defence counsel agreed that the Defendant had been on spree, stealing 4 motorcycles while he was disqualified from driving.  He had used false number plates.  He was found to be in possession of some drugs: para 1 of the mitigation.  

37.  Given the number of charges involving various offences, defence counsel has helpfully grouped various offences and made certain suggestions.

38.  Defence counsel submitted that the Defendant’s greatest mitigation is his early plea for which he should get one-third discount in sentence. The small quantity of drugs relating to Charges 8 and 22 were for his own consumption.  The court can consider a short period of imprisonment. For the careless driving offence in Charge 9, the Defence suggested that the court could consider a fine. The Defence also confirmed that the Defendant has never had any valid driving licence.  

39.  The 2 passengers mentioned in the Summary of Facts are 2 different persons.

40.  The Defence tendered 2 mitigation letters written by the Defendant and his former employer.  

Sentence

41.  The Defendant in his mitigation letter said he fully accepted responsibility for his actions.  He said the pressure from both work and family is heavy and he could not find the right way to relieve it.  The Defendant hopes the court will give him a lenient sentence and grant him a chance to reform.  The Defendant is eager to have a fresh start saying that everyone deserves a chance to rebuild his life after mistakes. The Defendant’s former employer said the Defendant committed his crime in a moment of confusion and has promised not to repeat the mistake.

42.  Had the Defendant had no previous and similar convictions, his mitigation letter may have some weight.  With previous convictions and his spree for doing crimes, his plea for leniency becomes hollow and insincere.

43.  From these charges and given the short span of time that these offences were committed, it is appalling to see the flagrant disregard and contempt of the law by the Defendant who is just aged 37.

44.  The Defendant was born in Hong Kong.  He was educated up to Form 2.  Though unmarried, the Defendant has one daughter aged 4.  At the material time, the Defendant was unemployed, but previously he worked as a kitchen worker.  The Defendant claimed that he was not a drug addict.  Since May 2003, the Defendant had a total of 33 convictions.  The Defendant was last discharged in April 2023.

45.  Soon after his discharge, in late 2023, the Defendant started to commit further offences. He was arrested in December 2023 and committed further offences on police bail and after 2024, the Defendant continued to commit similar offences while on court bail.  These are aggravating factors.  On top of that, he committed these offences within a short span of time.  2 passengers were involved with one got fell down on ground.

46.  Given the number of charges involving various offences, I would adopt a simplistic and global approach in sentence. 

47.  The present charge sheet involves 7 groups of offences:-

(i)  Theft - 4 counts;

(ii)  Forgery - 5 counts;

(iii)  Dangerous drugs - 2 counts;

(iv)  Driving while disqualified - 4 counts;

(v)  Using a vehicle without third party insurance - 4 counts;

(vi)  Going equipped - one count; and

(vii)  Careless driving - one count.

48.  There are a number of aggravating features. These include:-

(i)  The short span of time the offences were committed.

(ii)  The offences were committed less than a year after discharged from prison.

(iii)  Some offences were committed on police bail and some on court bail.

(iv)  2 different passengers were involved, and had any accident happened to them, they have no insurance coverage.

(v)  Forged plates or vehicle licences were involved to avoid detection.

(vi)  Similar offences were committed repeatedly.

(vii)  The Defendant has similar convictions.

(viii)  Total disregard of law and order by the Defendant.

(ix)  Serious risks to other road users.

49.  Considering all factors, I will sentence the Defendant as follows:-

(i)  For 4 counts of theft, I would adopt a starting point of 3 years for each charge. With his plea, I would reduce the sentence by one-third to 24 months, to be served concurrently;

(ii)  For 5 counts of forgery, I would adopt a starting point of 12 months, with his plea, the sentence is reduced to 8 months, to be served concurrently;

(iii)  For 2 counts of possession of ice and ketamine, a starting point of 9 months for each charge, with plea, the sentence is reduced to 6 months, to be served concurrently;

(iv)  For 4 counts of driving while disqualified, a starting point of 9 months, with plea, it is reduced to 6 months to be served concurrently;

(v)  For 4 counts of using a vehicle without third party insurance, a starting point of 9 months. With his plea, the sentence is reduced to 6 months to be served concurrently;

(vi)  For one count of going equipped, a starting point of 9 months. With his plea, the sentence is reduced to 6 months;

(vii)  For the count of careless driving, it is not just careless driving per se, but it was done with the intention to avoid apprehension. I would adopt a starting point of 6 months. With his plea, the sentence is reduced to 4 months.

50.  Now, it comes to the totality principle. 

51.  I order that 6 months of sentence relating to the group of offences of forgery (Group 2)  is to be served consecutively with the group of theft offences (Group 1).

52.  The sentence of Group 4 (driving when disqualified), and Group 5 (using vehicle without third party)  are to be served concurrently but 3 months thereof be served consecutively with other sentences.

53.  The sentence of 6 months relating to the drug offences (Group 3)  will be served consecutively with all other sentences, given its different nature of offence.

54.  The sentence of going equipped will be served concurrently with all other sentences.

55.  And lastly, the sentence of 4 months relating to the offence of careless driving (Group 7)  is to be served consecutively with all other sentences. 

56.  That means, regarding the 21 charges, I sentence the Defendant to 43 months’ imprisonment (24 months + 6 months + 3 months + 6 months + 4 months).

57.  In relation to the issue of disqualification from obtaining a driving licence, the Defendant never obtained any driving licence of any sort.  The main purpose of disqualification, either from holding or obtaining the same, is forward-looking and preventative rather than backward-looking and punitive.  Public safety remains the primary consideration. For a second conviction under s.44 of the Road Traffic Ordinance, Cap.374, the disqualification period can be more than 3 years.  Under s.44(3)  of the Ordinance, the period of disqualification shall be in addition to any other period of disqualification ordered.  The Defendant was first disqualified in September 2018, had second disqualification in June 2022, and got the third one in June 2022 for 4 years with the effect from 1 June 2022, which is to be expired on 31 May 2026.

58.  In the circumstances, I would impose an order of disqualification from obtaining driving licence of any categories for 3 years, and this period is consecutive to the Defendant’s current disqualification order.

59.  As the Defendant has never had any driving licence, it is not necessary and also illogical for the court to impose any order for driving improvement course.