A A
DCCC1249/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1249 OF 2009
C C
----------------------
D D
HKSAR
E v. E
Chik Lung-kong
F F
----------------------
G G
Before: H H Judge Geiser
Date: 15 January 2010 at 3.35 pm
H Present: Mr Michael Tsang, PP of the Department of Justice, for H
HKSAR
Mr Selwyn So, instructed by Ellen Au & Co., for the
I Defendant I
Offence: (1) Possession of arms without a licence (無牌管有槍械)
J (2) & (3) Possession of prohibited weapons (管有違禁武 J
器)
(4) Possession of offensive weapons in a public place
K K
(公眾地方管有攻擊性武器)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to three charges,
O O
the first being a charge of possessing arms without a licence,
contrary to section 13(1) and (2) of the Firearms and Ammunition
P P
Ordinance, Cap.238, Laws of Hong Kong, the arms concerned being
Q six stun guns and one can of pepper spray, which you kept in Q
your hawker stall in Temple Street, Yau Ma Tei. Charge 3 is an
R offence of possession of prohibited weapons, contrary to section R
4 of the Weapons Ordinance, Cap.217, Laws of Hong Kong, in that
S S
you had in your possession 29 flick knives which were stored at
your store house in a flat in Woosung Street. Charge 4 is an
T T
offence of possession of offensive weapons in a public place,
U contrary to section 33(1) of the Public Order Ordinance, U
CRT24/15.1.2010/LT 1 DCCC1249/2009/Sentence
V V
A A
Cap.245, Laws of Hong Kong, and concerns your possession of 10
folding knives in the hawker stall.
B B
C 2. The Facts which you have agreed speak for themselves C
and indicate that you had told the police that you had bought
D the knives, stun guns and pepper spray from the mainland. D
E E
3. With regard to the stun guns, these were examined and
found to have an average peak-to-peak pulsating voltage which
F F
ranged from 28,894 volts to 72,446 volts. In the opinion of the
G pathologist, the level of electric shocks generated by such G
devices would be sufficient to immobilise and incapacitate a
H person for a period of time. H
I I
4. You are 41 years of age, a hawker, who, I am told,
sells electrical appliances and items that can be generally
J J
described as hardware. You have a clear record and I accept that
K
you are a hardworking hawker. K
L 5. You have pleaded guilty to these charges and I will L
give you credit for that.
M M
6. Whilst I accept that you yourself did not have any of
N N
these weapons in your possession for any illegal purpose, the
aggravating feature here is the fact that they could quite
O O
easily have ended up in the hands of persons who no doubt would
P use them for illegal purposes, and in this regard, I do not P
accept your assertion that you made to the police that you did
Q not want to dispose of them. You had a total of 39 knives in Q
your possession, quite apart from the six stun guns and pepper
R R
spray.
S S
7. I note also the fact that upon arrest you said to the
T police, “I just want to earn a living. I know it is wrong.” T
This can only indicate that you did intend to sell these items.
U U
CRT24/15.1.2010/LT 2 DCCC1249/2009/Sentence
V V
A A
8. On the 1st charge, I propose to adopt as my starting
point a sentence of 3 years’ imprisonment. I will discount this
B B
by one-third to take account of your plea of guilty, coming to
C 2 years’ imprisonment on Charge 1. C
D 9. On Charge 3, I adopt 18 months as my starting point, D
which will be similarly discounted by one-third, coming to
E E
12 months’ imprisonment on Charge 3, which I order to run
concurrently to Charge 1.
F F
G 10. On Charge 4, I adopt 12 months’ imprisonment as my G
starting point. This, after discount to reflect your plea of
H guilty, comes to 8 months’ imprisonment. Once again, I order H
this sentence to run concurrently to the sentence on Charge 1,
I I
arriving at an overall sentence of 2 years’ imprisonment in all.
J J
K K
H H Judge Geiser
L L
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT24/15.1.2010/LT 3 DCCC1249/2009/Sentence
V V
A A
DCCC1249/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1249 OF 2009
C C
----------------------
D D
HKSAR
E v. E
Chik Lung-kong
F F
----------------------
G G
Before: H H Judge Geiser
Date: 15 January 2010 at 3.35 pm
H Present: Mr Michael Tsang, PP of the Department of Justice, for H
HKSAR
Mr Selwyn So, instructed by Ellen Au & Co., for the
I Defendant I
Offence: (1) Possession of arms without a licence (無牌管有槍械)
J (2) & (3) Possession of prohibited weapons (管有違禁武 J
器)
(4) Possession of offensive weapons in a public place
K K
(公眾地方管有攻擊性武器)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to three charges,
O O
the first being a charge of possessing arms without a licence,
contrary to section 13(1) and (2) of the Firearms and Ammunition
P P
Ordinance, Cap.238, Laws of Hong Kong, the arms concerned being
Q six stun guns and one can of pepper spray, which you kept in Q
your hawker stall in Temple Street, Yau Ma Tei. Charge 3 is an
R offence of possession of prohibited weapons, contrary to section R
4 of the Weapons Ordinance, Cap.217, Laws of Hong Kong, in that
S S
you had in your possession 29 flick knives which were stored at
your store house in a flat in Woosung Street. Charge 4 is an
T T
offence of possession of offensive weapons in a public place,
U contrary to section 33(1) of the Public Order Ordinance, U
CRT24/15.1.2010/LT 1 DCCC1249/2009/Sentence
V V
A A
Cap.245, Laws of Hong Kong, and concerns your possession of 10
folding knives in the hawker stall.
B B
C 2. The Facts which you have agreed speak for themselves C
and indicate that you had told the police that you had bought
D the knives, stun guns and pepper spray from the mainland. D
E E
3. With regard to the stun guns, these were examined and
found to have an average peak-to-peak pulsating voltage which
F F
ranged from 28,894 volts to 72,446 volts. In the opinion of the
G pathologist, the level of electric shocks generated by such G
devices would be sufficient to immobilise and incapacitate a
H person for a period of time. H
I I
4. You are 41 years of age, a hawker, who, I am told,
sells electrical appliances and items that can be generally
J J
described as hardware. You have a clear record and I accept that
K
you are a hardworking hawker. K
L 5. You have pleaded guilty to these charges and I will L
give you credit for that.
M M
6. Whilst I accept that you yourself did not have any of
N N
these weapons in your possession for any illegal purpose, the
aggravating feature here is the fact that they could quite
O O
easily have ended up in the hands of persons who no doubt would
P use them for illegal purposes, and in this regard, I do not P
accept your assertion that you made to the police that you did
Q not want to dispose of them. You had a total of 39 knives in Q
your possession, quite apart from the six stun guns and pepper
R R
spray.
S S
7. I note also the fact that upon arrest you said to the
T police, “I just want to earn a living. I know it is wrong.” T
This can only indicate that you did intend to sell these items.
U U
CRT24/15.1.2010/LT 2 DCCC1249/2009/Sentence
V V
A A
8. On the 1st charge, I propose to adopt as my starting
point a sentence of 3 years’ imprisonment. I will discount this
B B
by one-third to take account of your plea of guilty, coming to
C 2 years’ imprisonment on Charge 1. C
D 9. On Charge 3, I adopt 18 months as my starting point, D
which will be similarly discounted by one-third, coming to
E E
12 months’ imprisonment on Charge 3, which I order to run
concurrently to Charge 1.
F F
G 10. On Charge 4, I adopt 12 months’ imprisonment as my G
starting point. This, after discount to reflect your plea of
H guilty, comes to 8 months’ imprisonment. Once again, I order H
this sentence to run concurrently to the sentence on Charge 1,
I I
arriving at an overall sentence of 2 years’ imprisonment in all.
J J
K K
H H Judge Geiser
L L
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT24/15.1.2010/LT 3 DCCC1249/2009/Sentence
V V