DCCC601/2011 HKSAR v. CHOW KAM HUNG AND ANOTHER - LawHero
DCCC601/2011
HKSAR v. CHOW KAM HUNG AND ANOTHER
區域法院（刑事）H H Judge Geiser8/9/2011
DCCC601/2011
A A
DCCC601/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 601 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Chow Kam-hung (D1)
F Zhou Xinnian (D2) F
G ---------------------- G
Before: H H Judge Geiser
H Date: 9 September 2011 at 11.41 am H
Present: Mr Terry Wong, Counsel on fiat, for HKSAR
Mr Louis Karon Fung, instructed by Messrs Chiu, Szeto
I & Cheng, assigned by the Director of Legal Aid, for I
the 1st Defendant
J Mr Yeung Shak-nung, instructed by Yu Hung & Co., J
assigned by the Director of Legal Aid, for the
2nd Defendant
K Offence: (1) Attempted burglary (企圖入屋犯法罪) K
(2) Remaining in Hong Kong without the authority of
L
the Director of Immigration after having landed L
unlawfully in Hong Kong (在香港非法入境後未得入境事務處
處長授權而留在香港)
M M
---------------------
N N
Reasons for Sentence
O --------------------- O
P 1. D1 and D2, you have both pleaded guilty to an offence P
of attempted burglary, contrary to section 11(1)(a) and (4) of
Q Q
the Theft Ordinance, Chapter 210 and section 159G of the Crimes
Ordinance, Chapter 200, Laws of Hong Kong. In addition, D1, you
R R
have also pleaded guilty to an offence of remaining in Hong Kong
S without the authority of the Director of Immigration after S
having landed here unlawfully, contrary to section 38(1)(b) of
T the Immigration Ordinance, Chapter 115, Laws of Hong Kong. T
U U
CRT24/9.9.2011/SC 1 DCCC601/2011/Sentence
V V
A A
2. The Summary of Facts which you have both agreed
establish that on 18 March of this year, in the early hours of
B B
the afternoon, a police officer who was on anti-burglary
C surveillance at the rooftop of the premises in question in C
Morrison Hill Road, Wanchai, observed you two outside Flat
D No. 27 on the 7th floor. It was you, D1, who the officer saw D
holding a metal file which you inserted into the keyhole of the
E E
metal gate no doubt in an attempt to gain entry. You, D2, at the
time were acting as a lookout. When you two were alerted to the
F F
presence of police, you ran down the stairs, abandoning the
G metal files and other paraphernalia, and left the building only G
to be intercepted shortly afterwards by other officers at
H Lockhart Road near Canal Road East. Upon inquiry, your illegal H
status, D1, was revealed.
I I
3. Both of you have clear records in Hong Kong and you
J J
both have pleaded guilty to the respective charges that you
K
face. K
L 4. In sentencing each of you, I take full account of the L
mitigation that has been put before me by your respective
M counsel. Whilst I am aware that there was no damage to the lock M
to these premises and no loss suffered by the occupants of the
N N
premises, the normal starting point for burglary of domestic
premises is one of 3 years’ imprisonment, and I see no reason to
O O
depart from that starting point in relation to the 1st charge
P that you both face. P
Q 5. I will, however, give credit to both of you for your Q
pleas of guilty to the offence and accordingly discount the
R R
sentence of 3 years by one-third to take account of this, coming
to 2 years’ imprisonment in relation to each of you on Charge 1.
S S
T 6. In addition, D1, the customary sentence for illegally T
remaining in Hong Kong, that is Charge 2, is a sentence of
U 15 months’ imprisonment which already takes account of your plea U
CRT24/9.9.2011/SC 2 DCCC601/2011/Sentence
V V
A A
of guilty. Accordingly, I sentence you on Charge 2 to 15 months’
imprisonment which should properly be ordered to run
B B
consecutively to the sentence on Charge 1. However, due to the
C question of totality of sentence, I order 9 month of the term of C
15 months to run consecutively to the term of 2 years on
D Charge 1 and the balance concurrently, arriving at a total D
sentence in your case of 2 years 9 months’ imprisonment in all.
E E
F F
G G
H H Judge Geiser
H H
District Judge
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
CRT24/9.9.2011/SC 3 DCCC601/2011/Sentence
V V
A A
DCCC601/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 601 OF 2011
C C
----------------------
D D
HKSAR
E v. E
Chow Kam-hung (D1)
F Zhou Xinnian (D2) F
G ---------------------- G
Before: H H Judge Geiser
H Date: 9 September 2011 at 11.41 am H
Present: Mr Terry Wong, Counsel on fiat, for HKSAR
Mr Louis Karon Fung, instructed by Messrs Chiu, Szeto
I & Cheng, assigned by the Director of Legal Aid, for I
the 1st Defendant
J Mr Yeung Shak-nung, instructed by Yu Hung & Co., J
assigned by the Director of Legal Aid, for the
2nd Defendant
K Offence: (1) Attempted burglary (企圖入屋犯法罪) K
(2) Remaining in Hong Kong without the authority of
L
the Director of Immigration after having landed L
unlawfully in Hong Kong (在香港非法入境後未得入境事務處
處長授權而留在香港)
M M
---------------------
N N
Reasons for Sentence
O --------------------- O
P 1. D1 and D2, you have both pleaded guilty to an offence P
of attempted burglary, contrary to section 11(1)(a) and (4) of
Q Q
the Theft Ordinance, Chapter 210 and section 159G of the Crimes
Ordinance, Chapter 200, Laws of Hong Kong. In addition, D1, you
R R
have also pleaded guilty to an offence of remaining in Hong Kong
S without the authority of the Director of Immigration after S
having landed here unlawfully, contrary to section 38(1)(b) of
T the Immigration Ordinance, Chapter 115, Laws of Hong Kong. T
U U
CRT24/9.9.2011/SC 1 DCCC601/2011/Sentence
V V
A A
2. The Summary of Facts which you have both agreed
establish that on 18 March of this year, in the early hours of
B B
the afternoon, a police officer who was on anti-burglary
C surveillance at the rooftop of the premises in question in C
Morrison Hill Road, Wanchai, observed you two outside Flat
D No. 27 on the 7th floor. It was you, D1, who the officer saw D
holding a metal file which you inserted into the keyhole of the
E E
metal gate no doubt in an attempt to gain entry. You, D2, at the
time were acting as a lookout. When you two were alerted to the
F F
presence of police, you ran down the stairs, abandoning the
G metal files and other paraphernalia, and left the building only G
to be intercepted shortly afterwards by other officers at
H Lockhart Road near Canal Road East. Upon inquiry, your illegal H
status, D1, was revealed.
I I
3. Both of you have clear records in Hong Kong and you
J J
both have pleaded guilty to the respective charges that you
K
face. K
L 4. In sentencing each of you, I take full account of the L
mitigation that has been put before me by your respective
M counsel. Whilst I am aware that there was no damage to the lock M
to these premises and no loss suffered by the occupants of the
N N
premises, the normal starting point for burglary of domestic
premises is one of 3 years’ imprisonment, and I see no reason to
O O
depart from that starting point in relation to the 1st charge
P that you both face. P
Q 5. I will, however, give credit to both of you for your Q
pleas of guilty to the offence and accordingly discount the
R R
sentence of 3 years by one-third to take account of this, coming
to 2 years’ imprisonment in relation to each of you on Charge 1.
S S
T 6. In addition, D1, the customary sentence for illegally T
remaining in Hong Kong, that is Charge 2, is a sentence of
U 15 months’ imprisonment which already takes account of your plea U
CRT24/9.9.2011/SC 2 DCCC601/2011/Sentence
V V
A A
of guilty. Accordingly, I sentence you on Charge 2 to 15 months’
imprisonment which should properly be ordered to run
B B
consecutively to the sentence on Charge 1. However, due to the
C question of totality of sentence, I order 9 month of the term of C
15 months to run consecutively to the term of 2 years on
D Charge 1 and the balance concurrently, arriving at a total D
sentence in your case of 2 years 9 months’ imprisonment in all.
E E
F F
G G
H H Judge Geiser
H H
District Judge
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
CRT24/9.9.2011/SC 3 DCCC601/2011/Sentence
V V