HKSAR v. CHOI WAI HUNG

DCCC1267/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1267 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a charge of arson, contrary to sections 60(1) & (3) and 63(1) of the Crimes Ordinance, Cap.200, the particulars being that on 7 October of last year at the open space near lamppost VD 7986, Kam Tsin Tsuen, Kam Hang Road in Sheung Shui, you without lawful excuse damaged by fire a private car registration number JK 4048 intending to damage it or being reckless as to whether it would be damaged.

2.  The brief facts which you have agreed are quite straightforward and establish that at around 4 o’clock in the morning on the day in question you were seen running away from Kam Tsin Tsuen very close to where a private car was found to be on fire.  The police were informed, you were arrested, and a can of thinner was found on you together with some newspapers and two lighters.  You told the police under caution that you had been beaten up before and set fire to this car out of revenge. 

3.  You are 46 years of age and have an appalling criminal record, mainly for offences of theft and possession of dangerous drugs.  Indeed, you are now the subject of a DATC order made recently in December of last year.  Regarding the present offence, this is the first time you have committed an offence of this nature. 

4.  By way of mitigation, your counsel has put forward the reason for your committing this offence.  It arose, I am told, as a result of a dispute that you had with a man called Yin Lo, a cigarette vendor who sold you some smuggled cigarettes which you discovered to be defective in some way.  You went back to him, asked him for refund, which he refused, and into the bargain I am told even beat you up.

5.  Yin Lo was the owner of the vehicle, which it appears the prosecution accept.  I am sceptical about your story, particularly your assertion that you had been beaten up by this Yin Lo, but even if it is true, to set fire to the man’s car is not the proper way to solve this dispute.  It is also said on your behalf that there is no evidence of any triad background to this offence.  I do accept this.

6.  The car itself, I am told, was some 12 years old and was worth approximately $12,000.  It is of course a total loss as a result of the fire. 

7.  In sentencing you I take account of the fact that, as I have said, there is no evidence of any triad background, neither was anyone hurt as a result of your foolish and dangerous act.  I also take account of the fact that this offence took place in a relatively open area in the New Territories, an open car park I am told which was available for villagers who lived nearby. 

8.  Nevertheless, arson is an extremely serious offence because of the obvious inherent danger of any uncontrolled fire. 

9.  Taking everything into account, it seems to me that a starting point of 3 years’ imprisonment is appropriate, and indeed, I adopt that as my starting point.  I will discount this sentence by one-third to take account of your plea of guilty, coming to 2 years’ imprisonment.