A A
DCCC937/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 937 OF 2010
C C
----------------------
D D
HKSAR
E v. E
You Dunkui
F F
----------------------
G G
Before: H H Judge S D’Almada Remedios
Date: 22 September 2010 at 12.15 pm
H Present: Mr Alvin Chui, PP, of the Department of Justice, for H
HKSAR
Mr Eddie Chan Chun-yee, of CY Chan & Co., assigned by
I the Director of Legal Aid, for the Defendant I
Offence: (1) Burglary (入屋犯法罪)
J (2) Remaining in Hong Kong without the authority of J
the Director of Immigration (在香港非法入境後未得入境
事務處處長授權而留在香港)
K K
---------------------
L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you have pleaded guilty to two charges
before this court. The 1st charge is a charge of burglary,
O O
contrary to section 11(1)(b) and (4) of the Theft Ordinance. The
P 2nd charge is remaining in Hong Kong without the authority of P
the Director of Immigration after having landed unlawfully in
Q Hong Kong, contrary to section 38(1)(b) of the Immigration Q
Ordinance.
R R
2. You have admitted that on 25 June 2010, you remained
S S
in Hong Kong unlawfully, and on the same date you entered, as a
T trespasser, part of a building known as House A1, Flamingo T
Garden, No. 6 Fei Wan Road, Sai Kung, and stole therein seven
U watches, one camera, one mobile phone, eight wrist chains, U
CRT33/22.9.2010/ML 1 DCCC937/2010/Sentence
V V
A A
10 rings, some foreign currency, two MTR memorial tickets, some
ornaments, a plastic box and a name-chop.
B B
C 3. On the day in question, the resident, Madam Ting Wai- C
man, left her house at about noon, leaving her two grandchildren
D and three domestic helpers in the premises. D
E E
4. At about 8 pm, police officers received a report
concerning a suspected burglary on those premises. The officers
F F
went to the premises.
G G
5. At about 8.30 pm, Madam Ting returned to the premises
H and the officers explained to her that a man had been found H
acting suspiciously on the premises. The police officers were
I I
then instructed to seal up the premises.
J J
6. The officers and Madam Ting entered the house and saw
K
the grandchildren and the domestic helpers having dinner on the K
1st floor at the time.
L L
7. Madam Ting and the officers then searched the house
M and discovered that a window in her bedroom had been opened and M
that the room appeared to have been searched.
N N
8. The officers and Madam Ting then ascended to another
O O
floor, and when they pushed the door open, they saw that you,
P defendant, were crawling out of the window at the time. P
Q 9. An officer then looked out of the window and saw you Q
and another male in the back lane in the premises. The other
R R
male got up on his feet and escaped, while you remained lying on
the ground and did not move. The officers then immediately ran
S S
to the back lane and got hold of you.
T T
U U
CRT33/22.9.2010/ML 2 DCCC937/2010/Sentence
V V
A A
10. In a backpack lying on the ground beside you were the
stolen items mentioned in the charge, and a pair of scissors, a
B B
saw, a pry bar and fastening tools.
C C
11. Madam Ting identified the property in the charge sheet
D as hers. The jewellery found, she valued at approximately D
HK$26,700. She could not recall the value of the other stolen
E E
property.
F F
12. You were arrested and cautioned, and under caution at
G the scene you said, “It hurts badly”. You were injured and G
bleeding. The officer therefore sent you to the hospital.
H H
13. In a subsequent interview under caution, you admitted
I I
that you came from the Mainland and had illegally entered Hong
Kong from Shenzhen with an acquaintance from your hometown
J J
called Deng Zheng Hui, by climbing the hills.
K K
14. You also admitted that you and Deng intended to steal
L in Hong Kong and then return to the Mainland by illegal means. L
M 15. Regarding the burglary, you admitted that you entered M
the premises via the balcony after climbing over a wall. When
N N
you entered the premises, you searched for valuables and put
them all in your backpack. You were injured because you had
O O
climbed down the pipe of the house. The pipe broke and you fell
P onto the ground along with part of the pipe. P
Q 16. You came to steal in Hong Kong because you were short Q
of money, and the tools were brought by you and Deng to Hong
R R
Kong from the Mainland.
S S
17. Mr Chan has mitigated fully on your behalf today and I
T have taken into account all that he has had to say. T
U U
CRT33/22.9.2010/ML 3 DCCC937/2010/Sentence
V V
A A
18. You are aged 33 and have one previous conviction for
possession of an ID card belonging to another, to which you were
B B
sentenced to 2 months’ imprisonment in August 2004.
C C
19. You are married with two daughters, and your wife is a
D full-time housewife. You are the sole breadwinner of your D
family.
E E
20. Mr Chan has said the reason why you came to Hong Kong
F F
to commit this offence was because you were in need of money.
G G
21. Your earnings in China as a taxi driver was
H approximately RMB1,500 a month. However, you needed some RMB70 H
to 80 thousand for an operation on your daughter’s eye problems
I I
later this year. As the amount was clearly beyond your means to
pay, you were induced by Deng, the wanted person, to come to
J J
Hong Kong and burgle.
K K
22. In the course of this burglary, Mr Chan has pointed
L out that you were injured. You broke your arm and your leg, and L
I am told that you will suffer some permanent injury, although
M there is no medical evidence to support this. M
N N
23. Mr Chan has asked me, although he realises that there
is clear law that for these two offences the sentences should be
O O
consecutive, to consider that there are humanitarian grounds to
P impose either a concurrent sentence or not a fully consecutive P
sentence. He has relied upon the case of HKSAR v Lau Pang,
Q CACC252/2004. Q
R R
24. I have listened carefully to Mr Chan’s mitigation and
to read your letter, which you have written to the court
S S
expressing your remorse and the reasons why you came here was
T because of your poverty and the lack of money for your T
daughter’s illness, and you are sincerely remorseful.
U U
CRT33/22.9.2010/ML 4 DCCC937/2010/Sentence
V V
A A
25. I do not see in this case to be any humanitarian
factors at all.
B B
C 26. You had deliberately planned to come to Hong Kong to C
burgle. You came equipped with tools in your bag, together with
D another person, to commit this offence. D
E E
27. The fact that you committed this offence because you
needed money for your daughter’s eye operation is not, I
F F
consider, a humanitarian ground to which the sentences should
G run concurrent. G
H 28. I also do not consider the injuries which you received H
as a result of you climbing out of the window and the pipe
I I
breaking to be any grounds for me to reduce the sentences to be
imposed. The injuries were caused as a result of your own
J J
wrongdoing.
K K
29. As Mr Chan rightly points out, there are clear
L guidelines for these two offences. L
M 30. For the first offence of burglary, these are of M
domestic premises, the starting point is one of 3 years’
N N
imprisonment. However, I give you full credit for your plea of
guilty and reduce that term to 2 year’s imprisonment.
O O
P 31. For Charge 2, of illegal remaining in Hong Kong, the P
guidelines are clearly that of 15 months’ imprisonment, after a
Q plea of guilty. Q
R R
32. Following the law, these sentences should run
consecutive to each other.
S S
T T
U U
CRT33/22.9.2010/ML 5 DCCC937/2010/Sentence
V V
A A
33. In the circumstances, you are sentenced to a total
period of 3 years and 3 months’ imprisonment.
B B
C C
D D
(S D’Almada Remedios)
E District Judge E
F F
G G
H H
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
CRT33/22.9.2010/ML 6 DCCC937/2010/Sentence
V V
A A
DCCC937/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 937 OF 2010
C C
----------------------
D D
HKSAR
E v. E
You Dunkui
F F
----------------------
G G
Before: H H Judge S D’Almada Remedios
Date: 22 September 2010 at 12.15 pm
H Present: Mr Alvin Chui, PP, of the Department of Justice, for H
HKSAR
Mr Eddie Chan Chun-yee, of CY Chan & Co., assigned by
I the Director of Legal Aid, for the Defendant I
Offence: (1) Burglary (入屋犯法罪)
J (2) Remaining in Hong Kong without the authority of J
the Director of Immigration (在香港非法入境後未得入境
事務處處長授權而留在香港)
K K
---------------------
L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you have pleaded guilty to two charges
before this court. The 1st charge is a charge of burglary,
O O
contrary to section 11(1)(b) and (4) of the Theft Ordinance. The
P 2nd charge is remaining in Hong Kong without the authority of P
the Director of Immigration after having landed unlawfully in
Q Hong Kong, contrary to section 38(1)(b) of the Immigration Q
Ordinance.
R R
2. You have admitted that on 25 June 2010, you remained
S S
in Hong Kong unlawfully, and on the same date you entered, as a
T trespasser, part of a building known as House A1, Flamingo T
Garden, No. 6 Fei Wan Road, Sai Kung, and stole therein seven
U watches, one camera, one mobile phone, eight wrist chains, U
CRT33/22.9.2010/ML 1 DCCC937/2010/Sentence
V V
A A
10 rings, some foreign currency, two MTR memorial tickets, some
ornaments, a plastic box and a name-chop.
B B
C 3. On the day in question, the resident, Madam Ting Wai- C
man, left her house at about noon, leaving her two grandchildren
D and three domestic helpers in the premises. D
E E
4. At about 8 pm, police officers received a report
concerning a suspected burglary on those premises. The officers
F F
went to the premises.
G G
5. At about 8.30 pm, Madam Ting returned to the premises
H and the officers explained to her that a man had been found H
acting suspiciously on the premises. The police officers were
I I
then instructed to seal up the premises.
J J
6. The officers and Madam Ting entered the house and saw
K
the grandchildren and the domestic helpers having dinner on the K
1st floor at the time.
L L
7. Madam Ting and the officers then searched the house
M and discovered that a window in her bedroom had been opened and M
that the room appeared to have been searched.
N N
8. The officers and Madam Ting then ascended to another
O O
floor, and when they pushed the door open, they saw that you,
P defendant, were crawling out of the window at the time. P
Q 9. An officer then looked out of the window and saw you Q
and another male in the back lane in the premises. The other
R R
male got up on his feet and escaped, while you remained lying on
the ground and did not move. The officers then immediately ran
S S
to the back lane and got hold of you.
T T
U U
CRT33/22.9.2010/ML 2 DCCC937/2010/Sentence
V V
A A
10. In a backpack lying on the ground beside you were the
stolen items mentioned in the charge, and a pair of scissors, a
B B
saw, a pry bar and fastening tools.
C C
11. Madam Ting identified the property in the charge sheet
D as hers. The jewellery found, she valued at approximately D
HK$26,700. She could not recall the value of the other stolen
E E
property.
F F
12. You were arrested and cautioned, and under caution at
G the scene you said, “It hurts badly”. You were injured and G
bleeding. The officer therefore sent you to the hospital.
H H
13. In a subsequent interview under caution, you admitted
I I
that you came from the Mainland and had illegally entered Hong
Kong from Shenzhen with an acquaintance from your hometown
J J
called Deng Zheng Hui, by climbing the hills.
K K
14. You also admitted that you and Deng intended to steal
L in Hong Kong and then return to the Mainland by illegal means. L
M 15. Regarding the burglary, you admitted that you entered M
the premises via the balcony after climbing over a wall. When
N N
you entered the premises, you searched for valuables and put
them all in your backpack. You were injured because you had
O O
climbed down the pipe of the house. The pipe broke and you fell
P onto the ground along with part of the pipe. P
Q 16. You came to steal in Hong Kong because you were short Q
of money, and the tools were brought by you and Deng to Hong
R R
Kong from the Mainland.
S S
17. Mr Chan has mitigated fully on your behalf today and I
T have taken into account all that he has had to say. T
U U
CRT33/22.9.2010/ML 3 DCCC937/2010/Sentence
V V
A A
18. You are aged 33 and have one previous conviction for
possession of an ID card belonging to another, to which you were
B B
sentenced to 2 months’ imprisonment in August 2004.
C C
19. You are married with two daughters, and your wife is a
D full-time housewife. You are the sole breadwinner of your D
family.
E E
20. Mr Chan has said the reason why you came to Hong Kong
F F
to commit this offence was because you were in need of money.
G G
21. Your earnings in China as a taxi driver was
H approximately RMB1,500 a month. However, you needed some RMB70 H
to 80 thousand for an operation on your daughter’s eye problems
I I
later this year. As the amount was clearly beyond your means to
pay, you were induced by Deng, the wanted person, to come to
J J
Hong Kong and burgle.
K K
22. In the course of this burglary, Mr Chan has pointed
L out that you were injured. You broke your arm and your leg, and L
I am told that you will suffer some permanent injury, although
M there is no medical evidence to support this. M
N N
23. Mr Chan has asked me, although he realises that there
is clear law that for these two offences the sentences should be
O O
consecutive, to consider that there are humanitarian grounds to
P impose either a concurrent sentence or not a fully consecutive P
sentence. He has relied upon the case of HKSAR v Lau Pang,
Q CACC252/2004. Q
R R
24. I have listened carefully to Mr Chan’s mitigation and
to read your letter, which you have written to the court
S S
expressing your remorse and the reasons why you came here was
T because of your poverty and the lack of money for your T
daughter’s illness, and you are sincerely remorseful.
U U
CRT33/22.9.2010/ML 4 DCCC937/2010/Sentence
V V
A A
25. I do not see in this case to be any humanitarian
factors at all.
B B
C 26. You had deliberately planned to come to Hong Kong to C
burgle. You came equipped with tools in your bag, together with
D another person, to commit this offence. D
E E
27. The fact that you committed this offence because you
needed money for your daughter’s eye operation is not, I
F F
consider, a humanitarian ground to which the sentences should
G run concurrent. G
H 28. I also do not consider the injuries which you received H
as a result of you climbing out of the window and the pipe
I I
breaking to be any grounds for me to reduce the sentences to be
imposed. The injuries were caused as a result of your own
J J
wrongdoing.
K K
29. As Mr Chan rightly points out, there are clear
L guidelines for these two offences. L
M 30. For the first offence of burglary, these are of M
domestic premises, the starting point is one of 3 years’
N N
imprisonment. However, I give you full credit for your plea of
guilty and reduce that term to 2 year’s imprisonment.
O O
P 31. For Charge 2, of illegal remaining in Hong Kong, the P
guidelines are clearly that of 15 months’ imprisonment, after a
Q plea of guilty. Q
R R
32. Following the law, these sentences should run
consecutive to each other.
S S
T T
U U
CRT33/22.9.2010/ML 5 DCCC937/2010/Sentence
V V
A A
33. In the circumstances, you are sentenced to a total
period of 3 years and 3 months’ imprisonment.
B B
C C
D D
(S D’Almada Remedios)
E District Judge E
F F
G G
H H
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
CRT33/22.9.2010/ML 6 DCCC937/2010/Sentence
V V