A A
DCCC599/2011
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 599 OF 2011
C C
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D D
HKSAR
E v. E
Ho Fai
F F
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G G
Before: H H Judge S. D’Almada Remedios
Date: 19 September 2011 at 9.52 am
H Present: Mr Roderick K F Wu, Counsel on fiat, for HKSAR H
Mr Cheung Kam-chuen, instructed by Henry Chiu &
Partners, for the Defendant
I I
Offence: (1) Attempted burglary (企圖入屋犯法罪)
(2) Remaining in Hong Kong without the authority of
J the Director of Immigration after having landed J
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)
K K
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L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you have pleaded guilty to two charges
before me. The 1st charge is attempted burglary, contrary to
O O
section 11(1)(a) and (4) of the Theft Ordinance, and section
P 159G of the Crimes Ordinance. P
Q 2. You admitted that on 25 March 2011 you attempted to Q
enter as a trespasser part of a building known as Block B6,
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Flamingo Garden, No. 8 Fei Wan Road, Fei Ngo Shan, Sai Kung,
with intent to steal therein.
S S
T 3. The 2nd charge to which you have pleaded guilty was T
unlawful remaining in Hong Kong, contrary to section 38(1)(b) of
U the Immigration Ordinance. U
CRT33/19.9.2011/LT 1 DCCC599/2011/Sentence
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A A
4. You admitted that on 25 March 2011 you landed in Hong
B B
Kong unlawfully and remained here without the authority of the
C Director of Immigration. C
D 5. In the early hours of 25 March 2011 at about 1.58 am D
police officers saw you and another male, that is a wanted
E E
person, climbing over the glass wall and entering the garden of
the subject premises. They saw that you and the other wanted
F F
person were attempting to lift up a roller shutter of the
G premises. The wanted person was holding a tool in his hand. G
Upon seeing the both of you, the officers went forward and
H attempted to intercept you both. The wanted person escaped H
whilst you were subdued by the two officers successfully.
I I
6. You told the officers that you were in Hong Kong
J J
illegally, and later, that Ah Wai, the wanted person, had
K
brought you to commit the burglary. In a subsequent video- K
recorded interview you said that Ah Wai would reward you $100-
L $200 a day; you had come to Hong Kong illegally by boat; and it L
was Ah Wai, the wanted person, who led you to the premises.
M M
7. Mr Cheung, your counsel, has mitigated on your behalf
N N
today. I have taken into account all that he has had to say.
O O
8. You are 26 years of age and are of clear record. You
P are married with two young children, aged 15 months and P
5 months. Ah Wai had told you that you might find work in Hong
Q Kong and due to your financial constraints you came to Hong Kong Q
illegally with him. However, when you arrived in Hong Kong you
R R
were unable to find work at any construction site and that is
when you were led into committing this offence by Ah Wai.
S S
T 9. Mr Cheung rightly points out the guideline sentences T
for that of burglary and recognises that the Court of Appeal has
U U
CRT33/19.9.2011/LT 2 DCCC599/2011/Sentence
V V
A A
laid down that sentences committed by illegal immigrants should
run consecutive to each other.
B B
C 10. Defendant, on Charge 1, had I convicted you after C
trial, you would have received a starting point of 3 years’
D imprisonment. However, I give you full credit for your plea of D
guilty and that term shall be reduced to 2 years’ imprisonment.
E E
11. For the unlawful remaining charge, this is your first
F F
time in Hong Kong and the appropriate sentence then therefore is
G 15 months’ imprisonment. G
H 12. The sentences, as Mr Cheung rightly stated, should run H
consecutive to each other, and in those circumstances you are
I I
sentenced to 3 years and 3 months’ imprisonment.
J J
K K
L L
M (S. D’Almada Remedios) M
District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT33/19.9.2011/LT 3 DCCC599/2011/Sentence
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