A A
B B
DCCC 847/2024
C [2025] HKDC 2085 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 847 OF 2024
F F
G ---------------------------- G
HKSAR
H H
v
I HO SAM YUEN SAMUEL I
----------------------------
J J
K Before: His Honour Judge Tam in Court K
Date: 4 December 2025
L L
Present: Mr Iu Thomas P S, Counsel on fiat, for HKSAR
M Mr Cheung Chi Wai David, instructed by Joseph Li & Co, M
assigned by the Director of Legal Aid, for the defendant
N N
Offences: [1] Dangerous driving (危險駕駛)
O O
[2] Driving an unlicensed vehicle (駕駛未領牌車輛)
P [3] Driving without a valid driving licence (駕駛時無有效駕 P
駛執照)
Q Q
[4] Using a motor vehicle without third party insurance (沒有
R R
第三者保險而使用汽車)
S [5] Possession of offensive weapons in a public place (在公 S
眾地方管有攻擊性武器)
T T
U U
V V
-2-
A A
B B
C --------------------------------------- C
REASONS FOR SENTENCE
D D
---------------------------------------
E E
F F
1. Mr Ho pleaded guilty before me to 5 charges on a Charge
G Sheet as follows. G
H H
2. Charge 1 is Dangerous driving, contrary to section 37(1) of
I the Road Traffic Ordinance, Cap 374. Particulars are that he, on or about I
17 March 2024, at Kowloon, in Hong Kong, drove a private car bearing
J J
registration mark ZA7649 on a road dangerously.
K K
3. Charge 2 is Driving an unlicensed vehicle, contrary to section
L L
52(1)(a) and (10)(a) of the Road Traffic Ordinance, Cap 374. Particulars
M are that he, on or about the same date, in Hong Kong, drove a vehicle, M
namely, the same private car, on a road when the said vehicle was not
N N
registered and licensed in accordance with the Road Traffic Ordinance,
O Cap 374. O
P P
4. Charge 3 is Driving without a valid driving licence, contrary
Q to section 42(1) and (4) of the Road Traffic Ordinance, Cap 374. Q
Particulars are that he, on or about the same date, in Hong Kong, drove a
R R
motor vehicle, namely, the same private car, on a road when he was not the
S holder of a valid driving licence in respect of a vehicle of the class of S
vehicle which he was driving.
T T
U U
V V
-3-
A A
B B
5. Charge 4 is Using a motor vehicle without third party
C insurance, contrary to section 4(1) and (2)(a) of the Motor Vehicles C
Insurance (Third Party Risks) Ordinance, Cap 272. Particulars are that he,
D D
on or about the same date, in Hong Kong, used a motor vehicle, namely
E the same private car, on a road when there was not in force in relation to E
the user thereof by him such a policy of insurance or such a security in
F F
respect of third party risks as complied with the requirements of the Motor
G Vehicles Insurance (Third Party Risks) Ordinance, Cap 272. G
H H
6. Charge 5 is Possession of offensive weapons in a public place,
I contrary to section 33(1) of the Public Order Ordinance, Cap 245. I
Particulars are that he, on the same date, in a public place near the junction
J J
of Lung Cheung Road and Ching Tak Street, Wong Tai Sin, Kowloon, in
K Hong Kong, without lawful authority or reasonable excuse, had with him K
offensive weapons, namely 4 machetes.
L L
M Facts admitted by Mr Ho M
N N
Charge 1
O O
7. On 17 March 2024, at around midnight, in Ngau Tau Kok area,
P P
the police was conducting an anti-drink-driving operation. There, Mr Ho
Q was driving a private car ZA 7649 (“the Vehicle”) with no other passengers Q
on board. The Vehicle did not stop before a roadblock. PC 12923 (“PW1”)
R R
was on board police car AM7859 and saw what happened. He tried to
S approach and stop the Vehicle. The Vehicle accelerated and a chase ensued. S
T T
U U
V V
-4-
A A
B B
8. Whilst on Ngau Tau Kok Road, the Vehicle overtook a bus at
C a diverging chevron marking, thereby crossing the diverging chevron C
marking and the double white lines there. The bus with passengers on
D D
board had to brake immediately as a result.
E E
9. When the Vehicle reached Kwun Tong Road, the Vehicle on
F F
the 3rd lane overtook a taxi on the 4th lane without signaling; the Vehicle
G weaved in and out of traffic on the motorway, and crossed the double white G
lines twice with the line nearest to the Vehicle being a solid line.
H H
I 10. The Vehicle again crossed the double white lines on Lung I
Cheung Road. It then weaved in and out of traffic at high speed and
J J
crossed the double white lines with the nearest line being a solid line.
K K
11. The speed limit of the road sections on which Mr Ho travelled
L L
was 50-70 km/h. However, during the pursuit, in order to catch up with
M the Vehicle, PW1 had to drive at very high speeds, even up to 185 km/h at M
one point.
N N
O 12. The pursuit lasted for about 2 minutes and ended with the O
Vehicle crashing 10 metres onto a pedestrian walkway at Ching Tak Street,
P P
causing severe damage to the guard rails there. The nearside front of the
Q Vehicle was also damaged. Mr Ho was arrested. Q
R R
13. Mr Ho now admits he drove in a dangerous manner in that he
S drove the Vehicle at very high speeds beyond the speed limits, weaving in S
and out of traffic on the motorway and in contravention of traffic
T T
regulations, ie repeatedly cutting across double white lines, weaving and
U U
V V
-5-
A A
B B
overtaking other vehicles on the left and right without signaling, with
C persistent and reckless disregard for the safety of other road users, in order C
to evade the police’s pursuit, investigation and arrest.
D D
Charges 2 to 4
E E
F 14. At all material times, Mr Ho was not the holder of any valid F
driving licence; the licence of the Vehicle had already expired; and the
G G
Vehicle had no valid third party insurance in force as required under the
H Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap 272. H
I I
Charge 5
J J
15. Upon search of the Vehicle, 4 machete knives (3 were 54 cm
K K
long, one was 46 cm long), 5 black caps, 5 black tops, and 5 pairs of black
L gloves were found. L
M M
Criminal record
N N
O
16. Mr Ho has two previous convictions none similar. O
P P
Antecedents
Q Q
17. Mr Ho is aged 26 (24 at the time of the offences), educated to
R R
F3 level, unemployed. Mr Ho is single and lives with his grandmother in
S public housing in Kwun Tong. S
T T
U U
V V
-6-
A A
B B
Mitigation
C C
18. Mr David Cheung of counsel assigned by the Director of
D D
Legal Aid mitigated on behalf of Mr Ho. The following is a summary of
E the mitigation submissions. E
F F
19. Mr Ho’s pleas of guilty is the main mitigation. Mr Cheung
G asked for a lenient sentence on behalf of Mr Ho so the latter can return G
home early to take care of his grandmother.
H H
I 20. Regarding Charge 1 of dangerous driving, the maximum I
penalty is a fine of $25,000 and imprisonment for 3 years.
J J
K 21. Mr Cheung compared the facts of the present case with those K
of Secretary for Justice v Ko Wai Kit [2001] 3 HKLRD 752 (3 years’
L L
starting point with 5 years’ disqualification), HKSAR v Jim Chong Shing
M CACC 186/2003 (2 ½ years’ starting point), and HKSAR v Ng Kit Sing M
[2024] HKDC 611 (2 years 3 months’ starting point with 3 years’
N N
disqualification). Mr Cheung submitted that the facts of the present case
O are less serious than those of Ko Wai Kit; that as compared with Jim Chong O
Shing and Ng Kit Sing, the police chase here was for a shorter period but
P P
Mr Ho here reached higher speeds during the chase.
Q Q
22. Mr Cheung emphasized that in the present case, unlike Ng Kit
R R
Sing, there was no injury caused to anyone.
S S
T T
U U
V V
-7-
A A
B B
23. Regarding Charge 2 of driving an unlicensed vehicle, the
C maximum penalty, for a first conviction, is a fine of $5,000 and C
imprisonment for 3 months. There are no sentencing guidelines.
D D
E 24. Regarding Charge 3 of driving without a valid licence, the E
maximum penalty, for a first conviction, is a fine of $5,000 and
F F
imprisonment for 3 months. There are no sentencing guidelines.
G G
25. Regarding Charge 4 of Using a motor vehicle without third
H H
party insurance, the maximum penalty is a fine of $10,000 and
I imprisonment for 12 months. There are no sentencing guidelines, but the I
Court has noted that its seriousness “… lies in the possibility of the victims
J J
in traffic accidents may be left without any compensation”: see HKSAR v
K Wong Chi Ming HCMA 510/1999, at p 5. K
L L
26. In the present case, Mr Ho caused severe damage to the guard
M rails when he crashed into the pedestrian walkway at Ching Tak Street. M
Beyond that, there was damage to the Vehicle that he was driving. Mr Ho
N N
was very fortunate that no injuries were caused to anyone.
O O
27. Regarding Charge 5 of possession of offensive weapons in a
P P
public place, the maximum penalty is 3 years’ imprisonment. There are no
Q sentencing guidelines. Q
R R
28. Mr Cheung referred to three District Court sentencing cases
S for reference, namely, HKSAR v Mohabub Zaman Mithu DCCC 437/2014; S
HKSAR v Chiu Pui Ming [2023] HKDC 1638; and HKSAR v Lee Man Tai
T T
[2021] HKDC 1580.
U U
V V
-8-
A A
B B
C 29. On totality, Mr Cheung submitted Charges 1 to 4 arise from C
the same incident; that Charge 5 is a completely separate offence. While
D D
recognizing consecutive sentences will likely be imposed, Mr Cheung
E urged the court to allow for some concurrent sentencing, particularly those E
related to driving offences, when considering totality.
F F
G 30. Mr Cheung submitted there exist no special reasons not to G
order disqualification or attendance of a driving improvement course.
H H
I 31. Upon enquiry by the court, Mr Cheung submitted that Mr I
Ho’s friend lent him the car on 16 March 2024 only hours before the
J J
offences and that the knives subject of Charge 5 were already there. Mr
K Cheung further submitted that the presence of the knives was known by Mr K
Ho and that was why he pleaded guilty to Charge 5. As regards the
L L
presence of the black-coloured apparel also found in the car, Mr Cheung
M had no submissions to make. Mr Cheung also had no submissions to make M
on why Mr Ho ran from the police.
N N
O 32. Upon enquiry by the court, Mr Cheung told me Mr Ho’s date O
of last discharge from prison was 21 or 22 of December 2023.
P P
Q Sentence Q
R R
33. Upon enquiry by the court, prosecution told me Mr Ho
S obtained a learner’s driving licence in January 2024, so it should be valid S
on the date of the offences; that a learner driver must be accompanied by a
T T
U U
V V
-9-
A A
B B
driving instructor at all times; and that the said licence should now have
C expired. C
D D
34. Also upon enquiry by the court, prosecution told me that the
E relevant vehicle licence expired on 23 November 2023; so from that date E
onwards, third party insurance could not have been arranged for the vehicle.
F F
G 35. From the last paragraph of the facts1 admitted by Mr Ho (see G
above), it can be seen that the circumstances of the offending under Charge
H H
1 are rather severe and are potentially hazardous to other road users. It was
I only a matter of sheer luck that there were no collisions with other vehicles I
along the way of the police pursuit resulting in personal injuries.
J J
K 36. I am of the view that, assuming Mr Ho had a valid licence at K
the time, the starting point that is needed to deter him and others of like
L L
mind would be at least 2 ½ years’ imprisonment; and that is the starting
M point that I will adopt for Charge 1. M
N N
37. For Charge 2, I will adopt a starting point of 1 ½ months’
O imprisonment. O
P P
38. For Charge 3, I will adopt a starting point of 60 days’
Q imprisonment. Q
R R
39. For Charge 4, I will adopt a starting point of 6 months’
S imprisonment. S
T T
1
ie facts relating to Charge 1
U U
V V
- 10 -
A A
B B
40. For Charge 5, given the number and type of the knives and the
C presence of a similar number of black coloured apparel also found in the C
car, I regard 18 months’ imprisonment as the minimum starting point that
D D
I could take. This is the one that I will adopt.
E E
41. Mr Ho pleaded guilty to the charges in good time for which
F F
he shall be entitled to a 1/3 sentencing discount. There are no other
G mitigating factors of weight to justify another sentence reduction. G
H H
42. For Charge 1, disqualification for at least 6 months and an
I order to attend a driving improvement course are mandatory save where I
there are special reasons not to so order.
J J
K 43. For Charge 4, disqualification for a period between 12 and 36 K
months from the date of conviction is mandatory save where there are
L L
special reasons not to so order.
M M
44. For the driving improvement course, the fact that Mr Ho has
N N
never obtained a full driving licence is a good reason for not ordering Mr
O Ho to attend one. So I shall not so order. O
P P
45. Although Charges 1 to 4 are related and took place at the same
Q time, they were separate offences. Indeed, Charges 3 and 4 aggravate Q
Charge 1.
R R
S 46. Charge 5 is completely separate and distinct from the rest and S
ought, in principle, to attract a wholly consecutive sentence.
T T
U U
V V
- 11 -
A A
B B
47. However, before determining the final aggregate sentence, I
C will bear in mind the principle of totality and make appropriate orders C
accordingly.
D D
E (Mr Ho, please stand) E
F F
48. For Charge 1, the sentence is 20 months’ imprisonment.
G G
49. For Charge 2, the sentence is one month’s imprisonment.
H H
I 50. For Charge 3, the sentence is 40 days’ imprisonment. I
J J
51. For Charge 4, the sentence is 4 months’ imprisonment.
K K
52. For Charge 5, the sentence is 12 months’ imprisonment.
L L
M 53. I order that the sentences of Charges 2 and 4 are to run M
concurrently.
N N
O 54. I order that 2 months of the concurrent sentences of Charges O
2 and 4, one month of the sentence on Charge 3, and 7 months of the
P P
sentence on Charge 5, are each to run consecutively to the sentence on
Q Charge 1, making an aggregate sentence for Mr Ho of 30 months’ Q
imprisonment.
R R
S 55. For Charge 1, I order Mr Ho to be disqualified from holding S
or obtaining a driving licence for all classes of vehicle for a period of 2
T T
years.
U U
V V
- 12 -
A A
B B
C 56. For Charge 4, I order Mr Ho to be disqualified from holding C
or obtaining a driving licence for all classes of vehicle for a period of 12
D D
months.
E E
57. I order the two disqualification orders to run concurrently.
F F
G G
H H
( Isaac Tam )
District Judge
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 847/2024
C [2025] HKDC 2085 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 847 OF 2024
F F
G ---------------------------- G
HKSAR
H H
v
I HO SAM YUEN SAMUEL I
----------------------------
J J
K Before: His Honour Judge Tam in Court K
Date: 4 December 2025
L L
Present: Mr Iu Thomas P S, Counsel on fiat, for HKSAR
M Mr Cheung Chi Wai David, instructed by Joseph Li & Co, M
assigned by the Director of Legal Aid, for the defendant
N N
Offences: [1] Dangerous driving (危險駕駛)
O O
[2] Driving an unlicensed vehicle (駕駛未領牌車輛)
P [3] Driving without a valid driving licence (駕駛時無有效駕 P
駛執照)
Q Q
[4] Using a motor vehicle without third party insurance (沒有
R R
第三者保險而使用汽車)
S [5] Possession of offensive weapons in a public place (在公 S
眾地方管有攻擊性武器)
T T
U U
V V
-2-
A A
B B
C --------------------------------------- C
REASONS FOR SENTENCE
D D
---------------------------------------
E E
F F
1. Mr Ho pleaded guilty before me to 5 charges on a Charge
G Sheet as follows. G
H H
2. Charge 1 is Dangerous driving, contrary to section 37(1) of
I the Road Traffic Ordinance, Cap 374. Particulars are that he, on or about I
17 March 2024, at Kowloon, in Hong Kong, drove a private car bearing
J J
registration mark ZA7649 on a road dangerously.
K K
3. Charge 2 is Driving an unlicensed vehicle, contrary to section
L L
52(1)(a) and (10)(a) of the Road Traffic Ordinance, Cap 374. Particulars
M are that he, on or about the same date, in Hong Kong, drove a vehicle, M
namely, the same private car, on a road when the said vehicle was not
N N
registered and licensed in accordance with the Road Traffic Ordinance,
O Cap 374. O
P P
4. Charge 3 is Driving without a valid driving licence, contrary
Q to section 42(1) and (4) of the Road Traffic Ordinance, Cap 374. Q
Particulars are that he, on or about the same date, in Hong Kong, drove a
R R
motor vehicle, namely, the same private car, on a road when he was not the
S holder of a valid driving licence in respect of a vehicle of the class of S
vehicle which he was driving.
T T
U U
V V
-3-
A A
B B
5. Charge 4 is Using a motor vehicle without third party
C insurance, contrary to section 4(1) and (2)(a) of the Motor Vehicles C
Insurance (Third Party Risks) Ordinance, Cap 272. Particulars are that he,
D D
on or about the same date, in Hong Kong, used a motor vehicle, namely
E the same private car, on a road when there was not in force in relation to E
the user thereof by him such a policy of insurance or such a security in
F F
respect of third party risks as complied with the requirements of the Motor
G Vehicles Insurance (Third Party Risks) Ordinance, Cap 272. G
H H
6. Charge 5 is Possession of offensive weapons in a public place,
I contrary to section 33(1) of the Public Order Ordinance, Cap 245. I
Particulars are that he, on the same date, in a public place near the junction
J J
of Lung Cheung Road and Ching Tak Street, Wong Tai Sin, Kowloon, in
K Hong Kong, without lawful authority or reasonable excuse, had with him K
offensive weapons, namely 4 machetes.
L L
M Facts admitted by Mr Ho M
N N
Charge 1
O O
7. On 17 March 2024, at around midnight, in Ngau Tau Kok area,
P P
the police was conducting an anti-drink-driving operation. There, Mr Ho
Q was driving a private car ZA 7649 (“the Vehicle”) with no other passengers Q
on board. The Vehicle did not stop before a roadblock. PC 12923 (“PW1”)
R R
was on board police car AM7859 and saw what happened. He tried to
S approach and stop the Vehicle. The Vehicle accelerated and a chase ensued. S
T T
U U
V V
-4-
A A
B B
8. Whilst on Ngau Tau Kok Road, the Vehicle overtook a bus at
C a diverging chevron marking, thereby crossing the diverging chevron C
marking and the double white lines there. The bus with passengers on
D D
board had to brake immediately as a result.
E E
9. When the Vehicle reached Kwun Tong Road, the Vehicle on
F F
the 3rd lane overtook a taxi on the 4th lane without signaling; the Vehicle
G weaved in and out of traffic on the motorway, and crossed the double white G
lines twice with the line nearest to the Vehicle being a solid line.
H H
I 10. The Vehicle again crossed the double white lines on Lung I
Cheung Road. It then weaved in and out of traffic at high speed and
J J
crossed the double white lines with the nearest line being a solid line.
K K
11. The speed limit of the road sections on which Mr Ho travelled
L L
was 50-70 km/h. However, during the pursuit, in order to catch up with
M the Vehicle, PW1 had to drive at very high speeds, even up to 185 km/h at M
one point.
N N
O 12. The pursuit lasted for about 2 minutes and ended with the O
Vehicle crashing 10 metres onto a pedestrian walkway at Ching Tak Street,
P P
causing severe damage to the guard rails there. The nearside front of the
Q Vehicle was also damaged. Mr Ho was arrested. Q
R R
13. Mr Ho now admits he drove in a dangerous manner in that he
S drove the Vehicle at very high speeds beyond the speed limits, weaving in S
and out of traffic on the motorway and in contravention of traffic
T T
regulations, ie repeatedly cutting across double white lines, weaving and
U U
V V
-5-
A A
B B
overtaking other vehicles on the left and right without signaling, with
C persistent and reckless disregard for the safety of other road users, in order C
to evade the police’s pursuit, investigation and arrest.
D D
Charges 2 to 4
E E
F 14. At all material times, Mr Ho was not the holder of any valid F
driving licence; the licence of the Vehicle had already expired; and the
G G
Vehicle had no valid third party insurance in force as required under the
H Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap 272. H
I I
Charge 5
J J
15. Upon search of the Vehicle, 4 machete knives (3 were 54 cm
K K
long, one was 46 cm long), 5 black caps, 5 black tops, and 5 pairs of black
L gloves were found. L
M M
Criminal record
N N
O
16. Mr Ho has two previous convictions none similar. O
P P
Antecedents
Q Q
17. Mr Ho is aged 26 (24 at the time of the offences), educated to
R R
F3 level, unemployed. Mr Ho is single and lives with his grandmother in
S public housing in Kwun Tong. S
T T
U U
V V
-6-
A A
B B
Mitigation
C C
18. Mr David Cheung of counsel assigned by the Director of
D D
Legal Aid mitigated on behalf of Mr Ho. The following is a summary of
E the mitigation submissions. E
F F
19. Mr Ho’s pleas of guilty is the main mitigation. Mr Cheung
G asked for a lenient sentence on behalf of Mr Ho so the latter can return G
home early to take care of his grandmother.
H H
I 20. Regarding Charge 1 of dangerous driving, the maximum I
penalty is a fine of $25,000 and imprisonment for 3 years.
J J
K 21. Mr Cheung compared the facts of the present case with those K
of Secretary for Justice v Ko Wai Kit [2001] 3 HKLRD 752 (3 years’
L L
starting point with 5 years’ disqualification), HKSAR v Jim Chong Shing
M CACC 186/2003 (2 ½ years’ starting point), and HKSAR v Ng Kit Sing M
[2024] HKDC 611 (2 years 3 months’ starting point with 3 years’
N N
disqualification). Mr Cheung submitted that the facts of the present case
O are less serious than those of Ko Wai Kit; that as compared with Jim Chong O
Shing and Ng Kit Sing, the police chase here was for a shorter period but
P P
Mr Ho here reached higher speeds during the chase.
Q Q
22. Mr Cheung emphasized that in the present case, unlike Ng Kit
R R
Sing, there was no injury caused to anyone.
S S
T T
U U
V V
-7-
A A
B B
23. Regarding Charge 2 of driving an unlicensed vehicle, the
C maximum penalty, for a first conviction, is a fine of $5,000 and C
imprisonment for 3 months. There are no sentencing guidelines.
D D
E 24. Regarding Charge 3 of driving without a valid licence, the E
maximum penalty, for a first conviction, is a fine of $5,000 and
F F
imprisonment for 3 months. There are no sentencing guidelines.
G G
25. Regarding Charge 4 of Using a motor vehicle without third
H H
party insurance, the maximum penalty is a fine of $10,000 and
I imprisonment for 12 months. There are no sentencing guidelines, but the I
Court has noted that its seriousness “… lies in the possibility of the victims
J J
in traffic accidents may be left without any compensation”: see HKSAR v
K Wong Chi Ming HCMA 510/1999, at p 5. K
L L
26. In the present case, Mr Ho caused severe damage to the guard
M rails when he crashed into the pedestrian walkway at Ching Tak Street. M
Beyond that, there was damage to the Vehicle that he was driving. Mr Ho
N N
was very fortunate that no injuries were caused to anyone.
O O
27. Regarding Charge 5 of possession of offensive weapons in a
P P
public place, the maximum penalty is 3 years’ imprisonment. There are no
Q sentencing guidelines. Q
R R
28. Mr Cheung referred to three District Court sentencing cases
S for reference, namely, HKSAR v Mohabub Zaman Mithu DCCC 437/2014; S
HKSAR v Chiu Pui Ming [2023] HKDC 1638; and HKSAR v Lee Man Tai
T T
[2021] HKDC 1580.
U U
V V
-8-
A A
B B
C 29. On totality, Mr Cheung submitted Charges 1 to 4 arise from C
the same incident; that Charge 5 is a completely separate offence. While
D D
recognizing consecutive sentences will likely be imposed, Mr Cheung
E urged the court to allow for some concurrent sentencing, particularly those E
related to driving offences, when considering totality.
F F
G 30. Mr Cheung submitted there exist no special reasons not to G
order disqualification or attendance of a driving improvement course.
H H
I 31. Upon enquiry by the court, Mr Cheung submitted that Mr I
Ho’s friend lent him the car on 16 March 2024 only hours before the
J J
offences and that the knives subject of Charge 5 were already there. Mr
K Cheung further submitted that the presence of the knives was known by Mr K
Ho and that was why he pleaded guilty to Charge 5. As regards the
L L
presence of the black-coloured apparel also found in the car, Mr Cheung
M had no submissions to make. Mr Cheung also had no submissions to make M
on why Mr Ho ran from the police.
N N
O 32. Upon enquiry by the court, Mr Cheung told me Mr Ho’s date O
of last discharge from prison was 21 or 22 of December 2023.
P P
Q Sentence Q
R R
33. Upon enquiry by the court, prosecution told me Mr Ho
S obtained a learner’s driving licence in January 2024, so it should be valid S
on the date of the offences; that a learner driver must be accompanied by a
T T
U U
V V
-9-
A A
B B
driving instructor at all times; and that the said licence should now have
C expired. C
D D
34. Also upon enquiry by the court, prosecution told me that the
E relevant vehicle licence expired on 23 November 2023; so from that date E
onwards, third party insurance could not have been arranged for the vehicle.
F F
G 35. From the last paragraph of the facts1 admitted by Mr Ho (see G
above), it can be seen that the circumstances of the offending under Charge
H H
1 are rather severe and are potentially hazardous to other road users. It was
I only a matter of sheer luck that there were no collisions with other vehicles I
along the way of the police pursuit resulting in personal injuries.
J J
K 36. I am of the view that, assuming Mr Ho had a valid licence at K
the time, the starting point that is needed to deter him and others of like
L L
mind would be at least 2 ½ years’ imprisonment; and that is the starting
M point that I will adopt for Charge 1. M
N N
37. For Charge 2, I will adopt a starting point of 1 ½ months’
O imprisonment. O
P P
38. For Charge 3, I will adopt a starting point of 60 days’
Q imprisonment. Q
R R
39. For Charge 4, I will adopt a starting point of 6 months’
S imprisonment. S
T T
1
ie facts relating to Charge 1
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B B
40. For Charge 5, given the number and type of the knives and the
C presence of a similar number of black coloured apparel also found in the C
car, I regard 18 months’ imprisonment as the minimum starting point that
D D
I could take. This is the one that I will adopt.
E E
41. Mr Ho pleaded guilty to the charges in good time for which
F F
he shall be entitled to a 1/3 sentencing discount. There are no other
G mitigating factors of weight to justify another sentence reduction. G
H H
42. For Charge 1, disqualification for at least 6 months and an
I order to attend a driving improvement course are mandatory save where I
there are special reasons not to so order.
J J
K 43. For Charge 4, disqualification for a period between 12 and 36 K
months from the date of conviction is mandatory save where there are
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special reasons not to so order.
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44. For the driving improvement course, the fact that Mr Ho has
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never obtained a full driving licence is a good reason for not ordering Mr
O Ho to attend one. So I shall not so order. O
P P
45. Although Charges 1 to 4 are related and took place at the same
Q time, they were separate offences. Indeed, Charges 3 and 4 aggravate Q
Charge 1.
R R
S 46. Charge 5 is completely separate and distinct from the rest and S
ought, in principle, to attract a wholly consecutive sentence.
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A A
B B
47. However, before determining the final aggregate sentence, I
C will bear in mind the principle of totality and make appropriate orders C
accordingly.
D D
E (Mr Ho, please stand) E
F F
48. For Charge 1, the sentence is 20 months’ imprisonment.
G G
49. For Charge 2, the sentence is one month’s imprisonment.
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I 50. For Charge 3, the sentence is 40 days’ imprisonment. I
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51. For Charge 4, the sentence is 4 months’ imprisonment.
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52. For Charge 5, the sentence is 12 months’ imprisonment.
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M 53. I order that the sentences of Charges 2 and 4 are to run M
concurrently.
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O 54. I order that 2 months of the concurrent sentences of Charges O
2 and 4, one month of the sentence on Charge 3, and 7 months of the
P P
sentence on Charge 5, are each to run consecutively to the sentence on
Q Charge 1, making an aggregate sentence for Mr Ho of 30 months’ Q
imprisonment.
R R
S 55. For Charge 1, I order Mr Ho to be disqualified from holding S
or obtaining a driving licence for all classes of vehicle for a period of 2
T T
years.
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V V
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A A
B B
C 56. For Charge 4, I order Mr Ho to be disqualified from holding C
or obtaining a driving licence for all classes of vehicle for a period of 12
D D
months.
E E
57. I order the two disqualification orders to run concurrently.
F F
G G
H H
( Isaac Tam )
District Judge
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