HKSAR v. WONG MUK LEUNG

DCCC 567/2023

[2024] HKDC 809

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 567 OF 2023

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REASONS FOR SENTENCE

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The defendant pleaded guilty to a charge of "Wounding with intent" (commonly known as "Wounding 17"). Outside a restaurant in Tai Po, he used a short knife (around 20cm in length including the handle)  to stab a man who had an affair with the defendant's wife.

Summary of Facts

Background

2.  The defendant (now aged 73)  and Madam Lin (PW2; now aged 54)  are husband and wife. Mr. Chung (PW1; now aged 65)  has hired PW2 to perform some odd jobs for his air-conditioning works on a casual basis.  The defendant claimed that PW2 has confessed to him having had sex with another man.  He suspected PW2's sex partner to be PW1.

The incident

3.  About 10:00 a.m. on 16 December 2022, PW2 received a WhatsApp voice message from PW1 inviting her for "yum cha" (lunch)  at a Chinese restaurant situated at Uptown Plaza in Tai Po ("the Restaurant").

4.  About 2:00 p.m. on the same day, PW2 went to the Restaurant to meet PW1.  Upon arrival, PW2 unexpectedly saw the defendant, who was carrying a tote bag, outside the Restaurant.  The defendant asked PW2 why she was there.  PW2 replied that she was meeting PW1 for lunch.  She even invited the defendant to join them.

5.  About 2:10 in the same afternoon, whilst PW2 and the defendant were still outside the Restaurant, PW1 arrived.  Suddenly, the defendant took out a knife from his tote bag, held the knife in his left hand and used it to stab PW1 at his chest and stomach area at least 4 times.  The attack was captured by CCTV footage and witnessed by PW2.  PW2 immediately grabbed the defendant's left hand to stop him and separated the defendant from PW1.  The defendant fled when PW2 eventually let go of his hand.  PW1 also escaped from the scene, but collapsed outside a convenience store on the 1^st Floor of Uptown Plaza.

6.  PW2 later found PW1 and the Police was alerted.

7.  About 2:55 p.m. on the same day, PW1 was conveyed to Prince of Wales Hospital by ambulance.  He was conscious upon arrival.  A 3-cm wound was found on his left chest wall with slow oozing of blood.  A laceration was also found on his right hand.  Upon examination, PW1 was found suffering from traumatic injury to his gastrointestinal tract, abdomen and thorax.  He also had hematemesis and developed hemorrhagic shock. 

8.  Emergency surgery was performed on PW1 at 9:15 in the same evening.  He was in critical condition during surgery with massive blood loss and received massive blood transfusion.  Intra-operative findings were:  (i)  perforation of pericardium, no myocardial injury; (ii)  perforation of diaphragm; (iii)  perforation of stomach; (iv)  perforation of small bowel; and (v)  large and expanding retroperitoneal hematoma secondary to active bleeding from lumbar artery and vein.  Pericardial and diaphragmatic defects were repaired by cardiothoracic surgeons.  Stomach and small bowel perforations were repaired by general surgeons.  Left retroperitoneal hematoma was explored by general and vascular surgeons.  Rapid bleeding was encountered, which required cross-clamping of aorta.  Left nephrectomy was performed by urologists to explore bleeding source.  Finally, bleeding from lumbar vessels were plicated.

9.  As a result of the defendant's attack, PW1 lost 33% of his total kidney function after his left nephrectomy.  His right hand laceration was also repaired.  He was discharged from the hospital after 20 days.  He received regular follow-ups at the hospital or clinic.  PW1 still feels on and off sharp pain over his left chest and left upper quadrant abdominal scars.

Arrest and admissions

10.  The defendant surrendered to Tai Po Police Station about an hour after the incident.  He was arrested for "Wounding 17".  Under caution, he admitted having stabbed PW1 but claimed that it was because PW1 seduced his wife.

11.  In his video recorded interviews, the defendant explained why he suspected PW2 had cheated on him.  He claimed that she had confessed to him having had sex with another man.  The defendant admitted having followed PW2 to the Restaurant on 16 December 2022 in order to take photos of PW1 and PW2.  He also admitted that he was furious upon seeing PW1, so he took out a fruit knife from his tote bag and stabbed PW1.  The defendant claimed that he keeps a fruit knife in his bag on a regular basis because he has no teeth and would use the knife to cut fruits.  He also claimed that he had thrown away the knife into a roadside rubbish bin located opposite to the car park entrance of Tai Po Market Wet Market.  He identified himself in the CCTV footage of Uptown Plaza.

Mitigation & Sentence

12. The defendant is 73 and has a clear record. Defence solicitor Mr. Chiu informed me that the defendant was born and raised in Hong Kong. Owing to poverty, he was educated to Primary 2 only. He retired as a chef in 2015 at the age of 65. He married PW2 in 2004 in Hong Kong. PW2 formally immigrated to Hong Kong in 2012. They have a son (aged 19)  who is a tertiary student. They reside together in a public housing unit. Letters written by the defendant, PW2 and their son were placed before me; their contents are duly noted.

13. In mitigation, Mr. Chiu explained that after moving to Hong Kong in 2012, PW2 first worked as a part-time domestic helper. In 2018, she became a care worker in an elderly home. In order to earn some extra money for the family, PW2 began looking for moonlighting jobs in June 2022. She was hired by PW1 to perform odd jobs for his air-conditioning business. They soon had an affair. The defendant discovered their affair in October 2022. PW2 confessed to the defendant and the couple have forgiven each other after candid discussions. A few days before the attack, PW2 told the defendant that she was going to see PW1 for one last time on 16 December 2022 to end their relationship. The defendant was worried so he went to the Restaurant to check on them. When PW1 appeared, the defendant heard him calling PW2 an intimate name. He lost his temper and took out his knife to attack PW1.

14. I accept that this case might have arisen from the defendant's jealousy and anger. On the other hand, PW2 was being frank with him and has told him when and why she would go see PW1 at the Restaurant. Had the defendant been able to control his temper, the tragedy could have been avoided. After all, PW1 and PW2 were meeting at a restaurant, not in a hotel room. Even if he heard PW1 calling PW2 an intimate name, the defendant was overreacting. Serious injuries and even death must have been foreseeable by the defendant at the time of launching the attack.

15. What the defendant did was brutal and way out of proportion. PW1 almost died. His injuries were dead serious, needless to say the pain and suffering as well as the agony arising from this traumatic experience. Although the stabbing did not injure PW1's kidneys, he lost a kidney because the surgeons had to find ways to stop the internal bleeding, which was caused by the defendant's attack. Even if all his stab and surgical wounds are healed, PW1 still suffers from occasional wound pains, which are considered as appropriate of recovery[1]. Furthermore, the mobility of PW1's right hand is impaired[2].

16. Sentencing of wounding offences is case specific and there is no tariff as such; however, sentences in the range of 3 to 12 years' imprisonment are by no means uncommon. PW1 survived the attack but anyone can easily imagine the quality of his life in the near future. Having considered all aspects of this case, I adopt a starting point of 3.5 years' imprisonment. With the timely guilty plea, the sentence is reduced to 28 months. As an act of mercy, I exercise my discretion to grant the defendant an additional discount of 2 months for his old age. Apart from this, I see no other mitigating factors which warrant any further reduction. I sentence the defendant to 26 months' imprisonment.