A HCCC359/2010 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 359 OF 2010
C C
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D D
HKSAR
E v. E
Wong Kwok-kin
F F
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G G
Before: Hon Macrae J
Date: 10 December 2010 at 11.00 am
H Present: Mr Kuan Bak-on Franco, SPP(Ag) of the Department of H
Justice, for HKSAR
I
Mr Ian Polson, instructed by M/S Wong & co., for I
the Accused
Offence: Possession of arms and ammunition without a licence
J (無牌管有槍械及彈藥) J
Transcript of the audio recording
K K
of the Sentence in the above case
L L
COURT: Wong Kwok-kin, you can stay seated. You have pleaded
guilty at the first available opportunity, that is before
M the Magistrates’ Court, whereby you have been committed here M
for sentence on a charge of possession of arms and
ammunition without a licence, contrary to section 13(1) and
N N
(2) of the Firearms and Ammunition Ordinance, Cap.238.
O In a restaurant of the Lai Kok Shopping Centre in Sham Shui O
Po, you were found in possession of a bag which contained a
pistol with four rounds of loaded ammunition. There were
P another three rounds of ammunition which could not have been P
fired by that pistol but could have been used in another
firearm.
Q Q
The pistol concerned had not been used in any recorded crime
R in Hong Kong. R
You were arrested and explained that you had been asked to
S keep the pistol for a few days by someone called Ah Ming S
whom you had met in a pub. You were unable to give any
T
further details about this person and you did not know how T
to contact him.
U U
CRT23/10.12.2010/LT 1 HCCC359/2010/Reasons for Sentence
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A I am somewhat sceptical about the full details of how you A
came by the pistol, but I am prepared to accept for the
purpose of sentencing that while you may have stored the gun
B for a few days, you yourself had no intention of using it. B
Your criminal record, whilst not a clear record, is hardly
C C
indicative of someone even on the fringes of crime, let
alone involved in serious crime, and it is not clear to me
D from that record or from any other information placed before D
me that you are associated with triad activities.
E You seem to be someone who has had a gambling habit since E
six out of your nine appearances before the courts are
connected with illegal gambling, for which you have been
F F
fined. All of your nine appearances before the courts have
been dealt with either by fines or a bind-over and a
G disqualification for drink driving. G
There is nothing to suggest a more sinister purpose for your
H possession of the gun than that you were, as you told the H
police, storing it for someone.
I I
However, possession of any loaded firearm is an extremely
serious offence and the courts have for many years adopted a
J starting point for section 13 offences of 12 years’ J
imprisonment.
K Such a starting point, as the Court of Appeal made clear in K
HKSAR v Chan Hoi Ngam [2000] 1 HKC 618 at 626 will “normally
L be appropriate for those who arm themselves with weapons of L
this kind in working condition and with ammunition available
for use.”
M M
Notwithstanding the curious presence of three rounds of
ammunition found in conjunction with this loaded pistol,
N which appear to be for use in another firearm and which N
might have potentially aggravated that starting point, I see
O no reason to depart from a starting point in this case of O
12 years’ imprisonment.
P Your counsel has made a realistic plea in mitigation on your P
behalf. You have, as he has pointed out, pleaded guilty at
the first available opportunity before a magistrate. You
Q Q
appear always to have accepted your fate notwithstanding the
seriousness of your position, and I notice that you never
R made, for example, any application for bail throughout the R
Magistrates’ Court hearings, including your first appearance
on 11 June this year when the other four defendants applied
S for and were granted bail. S
Accordingly, this case has not needed to be set down for
T T
trial in the High Court and it is not a situation where you
have indicated your plea at a pre-trial review or pleaded
U guilty on the first day of that trial. U
CRT23/10.12.2010/LT 2 HCCC359/2010/Reasons for Sentence
V V
A A
Bearing that particularly in mind, your criminal record of
what might be called petty offences which tends to support
B your limited role as someone never before involved in B
serious crime who was asked to store this weapon and
ammunition for a fee without any intention on your part or
C C
suggestion of usage yourself, I am prepared to be slightly
more generous, although my limits for manoeuvre are
D constrained by sentencing guidelines and the need for D
consistency in sentencing for crimes such as this. However,
I believe I can properly trim the sentence for the reasons I
E have given, where someone has never contested guilt and E
pleaded guilty at the first available opportunity; that is
to say in the Magistrates’ Court.
F F
The sentence that I pass upon you is one of 7 years and
G 9 months’ imprisonment. G
H H
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K K
L L
M M
N N
O O
P P
Q Q
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S S
T T
U U
CRT23/10.12.2010/LT 3 HCCC359/2010/Reasons for Sentence
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