A A
DCCC600/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 600 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Ho Wai-ming (D4)
F F
----------------------
G G
Before: H H Judge S. D’Almada Remedios
Date: 8 November 2010 at 10.24 am
H Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR H
Mr Kenneth Leung Wai-ming, of Kenneth W Leung & Co.,
assigned by the Director of Legal Aid, for the 4th
I Defendant I
Offence: (1) & (2) Burglary (入屋犯法罪)
J (3) Failing to surrender to custody without reasonable J
cause (無合理因由而沒有按照法庭的指定歸押)
(4) Knowingly mislead a police officer by giving false
K K
information (明知地提供虛假資料以誤導警務人員)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to four charges
O O
before this court. The first two charges involve charges of
burglary, contrary to section 11(1)(b) and (4) of the Theft
P P
Ordinance; the 3rd charge is in relation to failing to surrender
Q to custody without reasonable cause, contrary to section 9L(1) Q
and (3) of the Criminal Procedure Ordinance; the 4th charge is a
R charge of knowingly misleading a police officer by giving false R
information, contrary to section 64(b) of the Police Force
S Ordinance. S
T T
2. On the first two charges, you were originally charged
together with 3 other defendants. You had, however, absconded
U U
and not appeared on the plea date and your co-accused have
CRT33/8.11.2010/SY 1 DCCC600/2010/Sentence(D4)
V V
A A
already been sentenced. You have come up for plea today as you
were found in the street by police officers on 28 August 2010.
B B
C 3. In respect of the 1st and 2nd charges, they were C
burglaries at a school called Don Bosco Ng Siu Mui Secondary
D School at Kwai Hop Street, Kwai Chung. Those burglaries occurred D
on 25 January 2010 and 21 April 2010, both at the teachers’ room
E E
B. In January only you burgled the room B and stole a notebook
computer, cash in the sum of $1,100 and one external hard drive.
F F
On the second occasion, on 21 April you and the three other co-
G accused also burgled the same place and at that time stole two G
notebook computers, 6 USB memory sticks and one pack of condoms.
H The property concerned all belonged to the staff at the school. H
I I
4. Fortunately, the CCTV of the school captured the
images of the other defendants at around 2.30 am entering the
J J
teachers’ room and leaving the room at 4 am on 21 April. The
K
vice principal was able to identify the 1st and 2nd defendants K
who were studying at that school.
L L
5. You were later arrested on 28 April 2010 and you
M admitted the burglary with your co-accused. You were remorseful M
and you said you were going to turn yourself in later. A memory
N N
stick and a pack of condoms were later found from the 3rd
defendant’s home which was part of the stolen property.
O O
P 6. After your arrest, defendant, you were remanded in P
police and jail custody. You were granted bail in the sum of
Q $10,000 and surety in the same amount. It was a part of the Q
conditions of bail that you were to report daily to Kwai Chung
R R
Police Station; you were not to leave Hong Kong; you were to
surrender all your travel documents; you had a curfew imposed,
S S
that is between 11 pm to 6 am you were to remain at your home.
T T
7. You appeared before the District Court on 15 June.
U Your case was adjourned to 16 July 2010. However, on 16 July you U
CRT33/8.11.2010/SY 2 DCCC600/2010/Sentence(D4)
V V
A A
failed to show up in court as appointed and a warrant of arrest
was issued against you. On 28 August 2010 you were stopped by a
B B
uniformed police officer in Tsuen Wan as you were acting
C suspiciously with another person. The officer asked you for your C
identity card and you replied that you did not have any proof of
D identity with you. You told him that your name was Chan Chi-ho, D
born on 15 July 1995 and gave an ID card number and address at
E E
Shing Wo House, Kwai Shing.
F F
8. You were escorted to the address supplied by you to
G the officer and your sister was located there. The officer then G
came to realize your real identity. You admitted to the officer
H that you had given false information for the purpose of avoiding H
arrest.
I I
9. Your solicitor, Mr Kenneth Leung, has made full
J J
mitigation on your behalf today.
K K
10. Prior to sentencing you, I called for a detention
L centre, rehabilitation centre, training centre report and a L
young offender’s assessment panel report.
M M
11. You are 17 years of age and of clear record. You came
N N
to Hong Kong in early 2005, and in 2009 you quit school. The
premises involved in the burglary charge is your previous school
O O
to which you attended. You live with your parents, your father
P is 77, your mother is 54, both of whom living on CSSA. P
Q 12. In short, the report upon you is not very favourable Q
at all. Despite your parents trying to supervise you, you have
R R
been a wayward, disobedient, obstinate child. You obviously went
astray early and associated with a delinquent group of peers.
S S
Despite being placed on care and protection twice in 2007 and
T 2009, you did not realize your faults nor turn around. Instead, T
you have plunged deeper with your delinquent peers and led a
U dissipated life. U
CRT33/8.11.2010/SY 3 DCCC600/2010/Sentence(D4)
V V
A A
13. At page 4 of the report it says that you have
B B
displayed superficial remorse for your misdeeds and even whilst
C in remand you were placed on one disciplinary report for C
sharpening a toothbrush inside the prison cell on 6 October
D which you were awarded 7 days’ loss of remission as well as 21 D
days’ loss of privileges and separate confinement.
E E
14. What appears to me also that despite your bail
F F
conditions granted, that you were to reside at home, you had to
G obey a curfew, you completely ignored that as well. From July G
2010 onwards, you stayed away from home and went missing. You
H then began to live your life as a fugitive. H
I I
15. Now, this report, as I said, is not favourable at all.
If you were an adult, you would be facing years of imprisonment.
J J
You are, however, 17 years of age and of clear record. The Young
K
Offender Assessment Panel concludes by saying this: K
“You are a wilful and defined youth who had trouble
with the law repeatedly in the past few years. Despite
L L
professional intervention under the supervision of care
and protection over 2 years since April 2007, you kept
M a wanton life and committed the present serious M
offence.”
N N
16. Taking into consideration your little insight into
your unlawful behaviour, your weak family support, the panel
O O
concludes that a strict disciplinary training with a short and
P shocking impact is necessary to cast you a deterrent effect and P
help you construct an industrious life. The detention centre
Q programme is recommended. Q
R R
17. For these offences, defendant, you not only committed
a burglary the first time, after you committed that burglary,
S S
you went back again and committed another burglary. You failed
T to attend the court when appointed and, even worse, you then T
lied about your identity to avoid arrest and detention. Those,
U to me, are very serious offences. U
CRT33/8.11.2010/SY 4 DCCC600/2010/Sentence(D4)
V V
A A
18. As I said, if you were an adult, you would be facing a
B B
long period of imprisonment. I have to say that I have my
C reservations about sending you to detention centre. However, I C
am guided by the Young Offender Assessment Panel who is a
D professional panel who have looked into your background and what D
is best for you in the way of punishment and rehabilitation.
E E
19. When sentencing young offenders, one does not only
F F
look at the length of time to be spent behind bars but also what
G is most appropriate for that offender and how that offender G
should be punished as well as rehabilitated.
H H
20. I have to say that I would be more swayed to that of
I I
training centre for you in this case. However, I will, on this
occasion I have to say reluctantly, follow the recommendation of
J J
a detention centre programme as I believe the panel’s
K
conclusions and views that a strict disciplinary training with a K
short, sharp and shocking impact is necessary for you as a
L deterrent and to help you construct an industrious life. And for L
those reasons, I will sentence you to Detention Centre on all 4
M charges. M
N N
21. Defendant do not consider this as a more lenient
sentence because of the shorter time in custody. This will be a
O O
very short and sharp term that you will spend there. There will
P also be aftercare upon you when you are released of which they P
will constantly be looking over you. If you go astray, you will
Q be brought back to be dealt with. In conclusion you are Q
sentenced to detention centre for all 4 charges.
R R
S S
(S. D’Almada Remedios)
T District Judge T
U U
CRT33/8.11.2010/SY 5 DCCC600/2010/Sentence(D4)
V V
A A
DCCC600/2010
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 600 OF 2010
C C
----------------------
D D
HKSAR
E v. E
Ho Wai-ming (D4)
F F
----------------------
G G
Before: H H Judge S. D’Almada Remedios
Date: 8 November 2010 at 10.24 am
H Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR H
Mr Kenneth Leung Wai-ming, of Kenneth W Leung & Co.,
assigned by the Director of Legal Aid, for the 4th
I Defendant I
Offence: (1) & (2) Burglary (入屋犯法罪)
J (3) Failing to surrender to custody without reasonable J
cause (無合理因由而沒有按照法庭的指定歸押)
(4) Knowingly mislead a police officer by giving false
K K
information (明知地提供虛假資料以誤導警務人員)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to four charges
O O
before this court. The first two charges involve charges of
burglary, contrary to section 11(1)(b) and (4) of the Theft
P P
Ordinance; the 3rd charge is in relation to failing to surrender
Q to custody without reasonable cause, contrary to section 9L(1) Q
and (3) of the Criminal Procedure Ordinance; the 4th charge is a
R charge of knowingly misleading a police officer by giving false R
information, contrary to section 64(b) of the Police Force
S Ordinance. S
T T
2. On the first two charges, you were originally charged
together with 3 other defendants. You had, however, absconded
U U
and not appeared on the plea date and your co-accused have
CRT33/8.11.2010/SY 1 DCCC600/2010/Sentence(D4)
V V
A A
already been sentenced. You have come up for plea today as you
were found in the street by police officers on 28 August 2010.
B B
C 3. In respect of the 1st and 2nd charges, they were C
burglaries at a school called Don Bosco Ng Siu Mui Secondary
D School at Kwai Hop Street, Kwai Chung. Those burglaries occurred D
on 25 January 2010 and 21 April 2010, both at the teachers’ room
E E
B. In January only you burgled the room B and stole a notebook
computer, cash in the sum of $1,100 and one external hard drive.
F F
On the second occasion, on 21 April you and the three other co-
G accused also burgled the same place and at that time stole two G
notebook computers, 6 USB memory sticks and one pack of condoms.
H The property concerned all belonged to the staff at the school. H
I I
4. Fortunately, the CCTV of the school captured the
images of the other defendants at around 2.30 am entering the
J J
teachers’ room and leaving the room at 4 am on 21 April. The
K
vice principal was able to identify the 1st and 2nd defendants K
who were studying at that school.
L L
5. You were later arrested on 28 April 2010 and you
M admitted the burglary with your co-accused. You were remorseful M
and you said you were going to turn yourself in later. A memory
N N
stick and a pack of condoms were later found from the 3rd
defendant’s home which was part of the stolen property.
O O
P 6. After your arrest, defendant, you were remanded in P
police and jail custody. You were granted bail in the sum of
Q $10,000 and surety in the same amount. It was a part of the Q
conditions of bail that you were to report daily to Kwai Chung
R R
Police Station; you were not to leave Hong Kong; you were to
surrender all your travel documents; you had a curfew imposed,
S S
that is between 11 pm to 6 am you were to remain at your home.
T T
7. You appeared before the District Court on 15 June.
U Your case was adjourned to 16 July 2010. However, on 16 July you U
CRT33/8.11.2010/SY 2 DCCC600/2010/Sentence(D4)
V V
A A
failed to show up in court as appointed and a warrant of arrest
was issued against you. On 28 August 2010 you were stopped by a
B B
uniformed police officer in Tsuen Wan as you were acting
C suspiciously with another person. The officer asked you for your C
identity card and you replied that you did not have any proof of
D identity with you. You told him that your name was Chan Chi-ho, D
born on 15 July 1995 and gave an ID card number and address at
E E
Shing Wo House, Kwai Shing.
F F
8. You were escorted to the address supplied by you to
G the officer and your sister was located there. The officer then G
came to realize your real identity. You admitted to the officer
H that you had given false information for the purpose of avoiding H
arrest.
I I
9. Your solicitor, Mr Kenneth Leung, has made full
J J
mitigation on your behalf today.
K K
10. Prior to sentencing you, I called for a detention
L centre, rehabilitation centre, training centre report and a L
young offender’s assessment panel report.
M M
11. You are 17 years of age and of clear record. You came
N N
to Hong Kong in early 2005, and in 2009 you quit school. The
premises involved in the burglary charge is your previous school
O O
to which you attended. You live with your parents, your father
P is 77, your mother is 54, both of whom living on CSSA. P
Q 12. In short, the report upon you is not very favourable Q
at all. Despite your parents trying to supervise you, you have
R R
been a wayward, disobedient, obstinate child. You obviously went
astray early and associated with a delinquent group of peers.
S S
Despite being placed on care and protection twice in 2007 and
T 2009, you did not realize your faults nor turn around. Instead, T
you have plunged deeper with your delinquent peers and led a
U dissipated life. U
CRT33/8.11.2010/SY 3 DCCC600/2010/Sentence(D4)
V V
A A
13. At page 4 of the report it says that you have
B B
displayed superficial remorse for your misdeeds and even whilst
C in remand you were placed on one disciplinary report for C
sharpening a toothbrush inside the prison cell on 6 October
D which you were awarded 7 days’ loss of remission as well as 21 D
days’ loss of privileges and separate confinement.
E E
14. What appears to me also that despite your bail
F F
conditions granted, that you were to reside at home, you had to
G obey a curfew, you completely ignored that as well. From July G
2010 onwards, you stayed away from home and went missing. You
H then began to live your life as a fugitive. H
I I
15. Now, this report, as I said, is not favourable at all.
If you were an adult, you would be facing years of imprisonment.
J J
You are, however, 17 years of age and of clear record. The Young
K
Offender Assessment Panel concludes by saying this: K
“You are a wilful and defined youth who had trouble
with the law repeatedly in the past few years. Despite
L L
professional intervention under the supervision of care
and protection over 2 years since April 2007, you kept
M a wanton life and committed the present serious M
offence.”
N N
16. Taking into consideration your little insight into
your unlawful behaviour, your weak family support, the panel
O O
concludes that a strict disciplinary training with a short and
P shocking impact is necessary to cast you a deterrent effect and P
help you construct an industrious life. The detention centre
Q programme is recommended. Q
R R
17. For these offences, defendant, you not only committed
a burglary the first time, after you committed that burglary,
S S
you went back again and committed another burglary. You failed
T to attend the court when appointed and, even worse, you then T
lied about your identity to avoid arrest and detention. Those,
U to me, are very serious offences. U
CRT33/8.11.2010/SY 4 DCCC600/2010/Sentence(D4)
V V
A A
18. As I said, if you were an adult, you would be facing a
B B
long period of imprisonment. I have to say that I have my
C reservations about sending you to detention centre. However, I C
am guided by the Young Offender Assessment Panel who is a
D professional panel who have looked into your background and what D
is best for you in the way of punishment and rehabilitation.
E E
19. When sentencing young offenders, one does not only
F F
look at the length of time to be spent behind bars but also what
G is most appropriate for that offender and how that offender G
should be punished as well as rehabilitated.
H H
20. I have to say that I would be more swayed to that of
I I
training centre for you in this case. However, I will, on this
occasion I have to say reluctantly, follow the recommendation of
J J
a detention centre programme as I believe the panel’s
K
conclusions and views that a strict disciplinary training with a K
short, sharp and shocking impact is necessary for you as a
L deterrent and to help you construct an industrious life. And for L
those reasons, I will sentence you to Detention Centre on all 4
M charges. M
N N
21. Defendant do not consider this as a more lenient
sentence because of the shorter time in custody. This will be a
O O
very short and sharp term that you will spend there. There will
P also be aftercare upon you when you are released of which they P
will constantly be looking over you. If you go astray, you will
Q be brought back to be dealt with. In conclusion you are Q
sentenced to detention centre for all 4 charges.
R R
S S
(S. D’Almada Remedios)
T District Judge T
U U
CRT33/8.11.2010/SY 5 DCCC600/2010/Sentence(D4)
V V