HKSAR v. LEUNG CHI YUNG

DCCC899/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 899 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to one offence of unlawful sexual intercourse with a girl under the age of 13 years, contrary to section 123 of the Crimes Ordinance, Cap.200.

2.  You admitted the facts and I convicted you.

3.  A second offence was denied and that was ordered to be left on the file and not to be proceeded with without leave of this court or the Court of Appeal.

4.  The facts were as follows.

5.  Girl X was born on 10 July 1998.  She told the police that she had sexual intercourse with you on two occasions.  She came to know you in early November 2010 via the internet.  You and she became lovers. She admitted that she had told you that she was 14 years of age.  One day in mid-November of 2010 you invited her to your home where you had consensual sexual intercourse.

6.  X was medically examined on 1 February of this year and that did not rule out the possibility of previous penile penetration.

7.  On 15 February of this year you were arrested and you admitted the act of sexual intercourse and claimed that you were told by PW1 that she was 14.

8.  You are a young man of hitherto clear record. In view of this and your age I adjourned the case for a range of reports. Those reports are before the court today.  They are accepted by you and I have considered each one.

9.  The reports are generally positive.  In one report, you are recommended for Rehabilitation Centre and the other report recommends community service.

10.  On your behalf Mr Luk entered mitigation.  The thrust of that mitigation was to try to persuade me to make a Community Service Order in this case.  Such a course is recommended by the Probation officer. 

11.  On the last occasion and today Mr Luk has provided various letters from yourself and members of your family.  Those letters are supportive of you.  He tells me that you are remorseful for what you have done.  He reiterates that X told you she was 14 at the time of the offence and I accept that.  He emphasises your clear record.  He tells me that during the 14 days in custody you have reflected upon your crimes.  He both urges and invites me to make a Community Service Order in this case.

12.  I turn now to the sentence itself.  I fully accept that at the time of the offence you were only 16 years of age, of clear record, that X did in fact tell you that she was 14 and you accepted that. From the facts it is clear that you were co-operative with the police from the outset.  I do note what your father says about your sexual education being somewhat lacking. 

13.  In all the circumstances, I regard this as an exceptional case even though the offence itself is serious.  As I say, you have spent 14 days in custody.  That in itself is a severe punishment for a young man of clear record. 

14.  I therefore propose to make a Community Service Order for a period of 200 hours.  This means that within the next 12 months you must perform 200 hours unpaid work by and for the benefit of the community under the supervision of the Probation Service; you must attend regularly when required; you must perform the work satisfactorily; the only absences that will be countenanced are those that are supported by medical evidence; and a prime condition is that you commit no further offences. 

15.  You must be entirely clear that if you breach the terms of the order you will be brought back before me and you can expect to lose your liberty.

DEFENDANT: Understand.

16.  Are you willing to accept community service?

DEFENDANT: Yes, I do.

17.  Then I confirm the order.  Treat this as a real chance and do not commit any further offences.