A A
(Consolidated)
B DCCC256 & 426/2010 B
C IN THE DISTRICT COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
D
CRIMINAL CASE NOS. 256 and 426 OF 2010 D
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E E
HKSAR
F v. F
G Kwok Ngai-man, Edmund (D1) G
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H H
Before: Deputy District Judge G. Lam
Date: 11 August 2010 at 2.40 pm
I Present: Mr William Siu, PP, of the Department of Justice, for I
HKSAR
J Ms Munira Moosdeen instructed by Messrs Littlewoods, J
for the 1st Defendant
Offence: (3) Resisting a police officer in execution of duty
K (抗拒執行職責的警務人員) K
L L
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M M
Reasons for Sentence
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O O
1. D1 and D2 are jointly charged with 1 offence of
"Wounding with intent" (Charge 1) and 1 offence of "Criminal
P P
Damage" (Charge 2). D1 also faces 1 charge of "Resisting a
Q police officer in execution of duty", contrary to section 63 of Q
the Police Force Ordinance (Charge 3). D1 and D2 pleaded NOT
R guilty to Charges 1 and 2. On the other hand, D1 pleaded guilty R
to Charge 3. In respect of Charges 1 and 2, the Prosecution
S S
offered no evidence against D1 and D2. Mr. SIU explained that
the victim, who is the sole witness for both charges, claims to
T T
have forgotten everything and is unwilling to testify.
U U
1 DCCC256and426/2010/Sentence
V V
A A
Summary of Facts (Charge 3)
2. About 12:30 pm on 26 January 2010, PC 58963 and WPC
B B
7794 stopped 2 males (one of them was D1) near Lung Kong Road,
C Kowloon City for enquiry. The officers soon discovered that D1 C
was connected with a case and intended to make further enquiries.
D D1 suddenly turned and ran away. Both officers gave chase and D
caught up with him.
E E
3. D1 struggled with the 2 officers and was subdued
F F
eventually. During the struggle, PC 58963 sustained the
G following injuries : G
(i) tenderness at right little finger and right knee;
H (ii) redness at right little finger and right knee; and H
(iii) abrasion at left knee.
I I
J Mitigation & Sentence J
4. D1 is now 37. He has 4 conviction records including
K "Burglary" and "Robbery". He was sentenced to a total of 12 K
years imprisonment in August 1996 and was released in April 2004.
L L
D1 resides with his girlfriend, who is now 2 months pregnant.
There is a letter from his employer confirming that there is a
M M
job for him.
N N
5. Ms. Moosdeen highlighted that except for 1 minor
O "Gambling" conviction in July 2004, D1 has remained trouble-free O
for 6 years after his release from prison. Also, despite his
P multiple criminal records, D1 has no convictions similar to P
Charge 3. Ms. Moosdeen submitted that owing to his previous
Q Q
experience, D1 has developed a phobia of police officers.
Regarding Charge 3, when D1 was stopped by the Police, he did
R R
not know for what they wanted him; he was in fear so he panicked
S and struggled. Fortunately, the struggle was a brief one and the S
officer suffered very minor injuries. Ms. Moosdeen stressed that
T D1 is not charged with "assaulting" but merely "resisting" a T
police officer.
U U
2 DCCC256and426/2010/Sentence
V V
A A
6. Something does not smell right in this case,
especially when the victim in Charges 1 and 2 became a forgetful
B B
unwilling witness all of a sudden. I also have grave doubts
C about D1's alleged phobia of police officers. Regrettably, my C
hands are tied. I can and should sentence D1 on the basis of
D Charge 3 only. D
E E
7. Based on the facts revealed, I accept that D1 was
struggling to free himself rather than intentionally attacking
F F
the police officer, which is a marked difference for the purpose
G of sentencing. I agree with Ms. Moosdeen that in the present G
circumstances, an immediate custodial sentence may not be
H required. I note that according to the court's record, D1 was H
remanded in custody from 26 January to 26 March 2010.
I I
8. In my view, a suspended sentence would serve as an
J J
effective reminder for D1 to behave himself within a specified
K
period of time. I adopt a starting point of 6 weeks imprisonment. K
One-third discount is given for the guilty plea, reducing the
L sentence to 4 weeks. Apart from this, I see no other mitigating L
factors which warrant any further discount. The sentence for
M Charge 3 is 4 weeks imprisonment. I will, however, suspend it M
for 18 months. Finally, I will also impose a fine in the sum of
N N
$1,000.
O O
[Meaning of suspended sentence explained to D1; D1 understood.]
P P
Q Q
R R
S (G. Lam) S
Deputy District Judge
T T
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3 DCCC256and426/2010/Sentence
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