A A
DCCC142/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 142 OF 2011 C
D
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HKSAR
E E
v.
F Li Jianzhou F
G ----------------------- G
Before: H H Judge S. D’Almada Remedios
H Date: 12 August 2011 at 10.04 am H
Present: Ms Anita Ma, Counsel on fiat, for HKSAR
Mr Law Tat-hung, Lawrence, instructed by Messrs Massie
I & Clement, assigned by the Director of Legal Aid, for I
the Defendant
J Offence: (1) Burglary (入屋犯法罪) J
(2) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
K unlawfully in Hong Kong (在香港非法入境後未得入境事務處處長 K
授權而留在香港)
L L
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M Reasons for Sentence M
N
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1. Defendant, I found you guilty after trial of an offence
O O
of burglary, contrary to section 11(1)(b), of the Theft
P Ordinance. P
Q 2. I found that you burgled a snack shop at the Nam Wah Q
Catholic School, located at No. 5 Wing Ming Street, Cheung Sha
R R
Wan, Kowloon, at about 1.00 am on 25 October 2010. Your palm
print was found on the door of the snack shop and a CCTV
S S
recording showed you and another unknown male to have entered
T the snack shop and left carrying bags. T
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A A
3. I found that the CCTV recording showed you as the male
breaking open the snack shop door. Cash of $227.70 was stolen
B B
and various kinds of food and drink such as chicken legs, fish
C balls, dumplings and soft drinks, the total value of $497.26, C
were stolen.
D D
4. At the time of commission of this offence you were an
E E
illegal immigrant in Hong Kong. Some two months later, on 4
December 2010, you were arrested for unlawful remaining in Hong
F F
Kong at the junction of Sai Yeung Choi Street and Nelson Street
G in Kowloon. G
H 5. In the trial before me you pleaded guilty to unlawful H
remaining in Hong Kong, contrary to section 38(1)(b) of the
I I
Immigration Ordinance. However, a Newton enquiry was held as to
whether you surrendered to police or whether the police had
J J
intercepted you on the street. I found that the police had seen
K
you in the Mong Kok area carrying a rucksack, as you had avoided K
eye contact and looked nervous, the police officer believed you
L were in possession of corrosive acid. However very shortly after L
the officers observation you quickly and immediately turned down
M a back alley. However, the officer immediately chased after you M
and intercepted you.
N N
6. I rejected your evidence in the Newton enquiry that you
O O
had surrendered to the police.
P P
7. Mr Lawrence Law, your counsel, has mitigated on your
Q behalf before me this morning. I have taken into account all Q
that he has had to say.
R R
8. You are 30 years of age and have a clear record. Mr.
S S
Law says that you had come from China on 1 December by climbing
T over the mountains. In respect of the offence of burglary, he T
acknowledges that the premises are of commercial premises. He
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A A
submits there is no serious substantial damage, and in respect
of the stolen property, the value is limited.
B B
9. As regards the illegal remaining charge in Hong Kong,
C C
he accepts that the usual 15 months’ imprisonment after a plea
D of guilty is not applicable to you as in this case a Newton D
enquiry was held.
E E
10. The tariff laid down by the court of appeal is clear
F for burglary of commercial premises (of which this snack shop at F
the school is considered to be.) It matters not the value of the
G G
goods was small. For the burglary charge, you shall be sentenced
H to 2½ years’ imprisonment or 30 months in total. H
I 11. Defendant, although you pleaded guilty to the unlawful I
remaining in Hong Kong, that was not a true plea of guilty in
J J
that you contested the facts and a Newton enquiry was held. In
those circumstances, the usual sentence of 15 months after a
K K
full plea of guilty is not applicable to you.
L L
12. I have taken into account your clear record and I
M consider 17 months is appropriate for the illegal remaining M
charge, to which you shall be so sentenced.
N N
13. There is clear authority from the Court of Appeal that
O O
in sentencing for offences of illegal remaining charge and other
P
charges, that the sentences should run consecutive to each P
other. In following those clear principles I order that the
Q sentence in Charge 2 is to run consecutive to the sentence in Q
Charge 1.
R R
14. Defendant, you are sentenced in total to 3 years and
S S
11 months’ imprisonment, that is for Charges 1 and 2.
T T
U (S. D’Almada Remedios) U
District Judge
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