A A
DCCC806/2011
B B
IN THE DISTRICT COURT OF THE
C HONG KONG SPECIAL ADMINISTRATIVE REGION C
CRIMINAL CASE NO. 806 of 2011
D D
----------------------
E HKSAR E
v.
F F
Chong Pan-pan
G G
----------------------
H Before: Deputy District Judge Woodcock H
Date: 17 October 2011 at 4.40 pm
Present: Mr Lui Ming-chun, Pierre, PP of the Department of
I Justice, for HKSAR I
Mr Richard Donald, instructed by Wong & Co., assigned
J by the Director of Legal Aid, for the Defendant J
Offence: (1) Wounding with intent (有意圖而傷人)
(2) Possession of an offensive weapon in a public
K place (在公眾地方管有攻擊性武器) K
(3) Resisting a police officer in the due execution of
L his duty (抗拒在正當執行職務的警務人員) L
M --------------------- M
N
Reasons for Sentence N
---------------------
O O
1. This morning the defendant pleaded guilty to Charges 2
P P
and 3. He was convicted after trial of an alternative to the
Q original section 17 wounding offence and convicted of a section Q
19 offence, a lesser offence. There is no dispute the defendant
R had been prepared to plead guilty to a section 19 offence prior R
to the commencement of trial.
S S
2. The facts are that at 3.30 in the morning of 19 May
T T
this year the defendant was ejected from the Beijing Club. The
prosecution have not produced and revealed why nor was PW1 privy
U U
to the reasons why the defendant was kicked out. He was only
CRT26/17.10.2011/LT 1 DCCC806/2011/Sentence
V V
A A
told not to let the defendant back in. PW1 said that the
defendant looked angry but left the area. Half an hour later the
B B
defendant returned and was clearly very emotional, aggressive
C and drunk. C
D 3. There is no dispute that he had gone down the street, D
entered the Tsui Wah Restaurant, grabbed a long bread knife,
E E
Exhibit P1, intending to come back to Beijing Club to confront
the staff because he had been ejected earlier.
F F
G 4. On CCTV footage it is clearly visible. His friends can G
be seen trying to restrain him some distance away from the lobby
H of the Beijing Club and they were unsuccessful. He stumbled up H
the street and into the lobby, recklessly waving this long knife
I I
around. People had to scatter and run away. From the footage,
the defendant is not aiming the knife at anyone in particular
J J
but his actions are very, very reckless. There was a suggestion
K
he was chasing someone but, again from the CCTV footage, it is K
clear that he was not targeting anyone in particular. His verbal
L threats related to all the staff and no one in particular. L
M 5. He is very lucky that nobody was seriously injured. M
PW1 had to have six stitches at the top of his finger. Luckily,
N N
no muscle or tendon was cut. He has not suffered any permanent
damage, but the defendant’s behaviour, even if drunk, is
O O
unacceptable and serious, and on the facts, only a term of
P imprisonment can suffice. P
Q 6. A maximum sentence for a section 19 offence is Q
3 years’ imprisonment.
R R
7. The 2nd charge is a possession of offensive weapon
S S
offence under section 33(1) of the Public Order Ordinance. This
T offence will attract a custodial sentence according to the law. T
I will accept that the defendant did not take a knife out with
U him, it was not pre-planned to carry a knife, and I will accept U
CRT26/17.10.2011/LT 2 DCCC806/2011/Sentence
V V
A A
it was grabbed under the effect of alcohol and extreme
agitation.
B B
C 8. Charge 3, resisting a police officer, again is a C
serious offence. This particular charge, section 36(b), it has
D been said time and time again in the appellate courts that a D
custodial sentence is appropriate where this charge is used.
E E
9. Now, PW2 gave evidence that he gave numerous warnings,
F F
and I am sure he did certainly give several, and he felt it
G necessary to draw his baton to confront the defendant waving a G
long knife in such a public area. He gave evidence that he would
H have drawn his gun if there had been less people around, but H
despite warnings, I accept the defendant did not listen or obey
I I
this police officer. PW2 is lucky not to have suffered any
injury from this knife. He got in close proximity to this knife.
J J
K
10. If the defendant’s friends had not intervened when K
they did it may have been an even more serious situation, and
L the facts relating to this charge, in my opinion, deserve a term L
of imprisonment.
M M
11. I have heard mitigation and consider that all three
N N
charges have the advantage of being pleas of guilty. This shows
remorse.
O O
P 12. The defendant is not a man of clear record. He has one P
previous conviction for violence in 2005 for which he received a
Q fine. He was a teenager. Q
R R
13. I have been told of and seen evidence of some cardio
health problems. From what I can tell, they are not life-
S S
threatening or serious at the moment but I will bear that in
T mind. T
U U
CRT26/17.10.2011/LT 3 DCCC806/2011/Sentence
V V
A A
14. The defendant has been placed on probation before and
kept in touch with a social worker, Mr Tsang, who was prepared
B B
to swear and give evidence of the defendant’s character. He says
C he does not know the defendant very well but has certainly some C
dealings with the defendant in the past and the defendant has
D turned to this social worker as a result of this arrest. He says D
the defendant is a good person with good friends but he is
E E
emotional, easily led astray by bad peers, and says the
defendant is spoilt by his family, which could explain some of
F F
his actions when he loses face by being kicked out of a
G nightclub. G
H 15. The defendant also has a very supportive family here. H
They have been in court to show their support. I have been told
I I
that the defendant since introduction by the social worker has
been to church on a regular basis with his girlfriend and I have
J J
a letter from the church.
K K
16. The defendant has written a letter to the court
L expressing his remorse, explaining his actions, and I have also L
been told he is willing to pay compensation to PW1, and I will
M make a compensation order and it is a factor I will take into M
consideration when I consider a starting point for each charge.
N N
17. The defendant has a future. He has a future job as
O O
well as a steady relationship with a girlfriend of over 4 years.
P P
18. All these matters I have considered relevant to
Q sentence as well as the facts of the case. Q
R R
19. Defendant, please stand up. For Charge 1, the
alternative charge of section 19, I will take a starting point
S S
of 12 months’ imprisonment. You will be entitled to a discount
T of 4 months for your plea. I will impose a sentence of 8 months’ T
imprisonment.
U U
CRT26/17.10.2011/LT 4 DCCC806/2011/Sentence
V V
A A
20. For Charge 2, possession of an offensive weapon, I
take a starting point of 6 months’ imprisonment. You are
B B
entitled to a discount of 2 months for your plea. On Charge 2, I
C sentence you to 4 months’ imprisonment. C
D 21. For Charge 3, I take a starting point of 9 months’ D
imprisonment. You are entitled to a discount of 3 months for
E E
your plea. On Charge 3, I impose a sentence of 6 months’
imprisonment.
F F
G 22. All three arise out of the same incident at the same G
time. I will order them all to be served concurrently. That
H will mean a total sentence of 8 months’ imprisonment. H
I I
23. I will order compensation of $5,000 to be taken from
bail, payable to the victim, PW1.
J J
K K
L L
M A. J. Woodcock M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT26/17.10.2011/LT 5 DCCC806/2011/Sentence
V V
A A
DCCC806/2011
B B
IN THE DISTRICT COURT OF THE
C HONG KONG SPECIAL ADMINISTRATIVE REGION C
CRIMINAL CASE NO. 806 of 2011
D D
----------------------
E HKSAR E
v.
F F
Chong Pan-pan
G G
----------------------
H Before: Deputy District Judge Woodcock H
Date: 17 October 2011 at 4.40 pm
Present: Mr Lui Ming-chun, Pierre, PP of the Department of
I Justice, for HKSAR I
Mr Richard Donald, instructed by Wong & Co., assigned
J by the Director of Legal Aid, for the Defendant J
Offence: (1) Wounding with intent (有意圖而傷人)
(2) Possession of an offensive weapon in a public
K place (在公眾地方管有攻擊性武器) K
(3) Resisting a police officer in the due execution of
L his duty (抗拒在正當執行職務的警務人員) L
M --------------------- M
N
Reasons for Sentence N
---------------------
O O
1. This morning the defendant pleaded guilty to Charges 2
P P
and 3. He was convicted after trial of an alternative to the
Q original section 17 wounding offence and convicted of a section Q
19 offence, a lesser offence. There is no dispute the defendant
R had been prepared to plead guilty to a section 19 offence prior R
to the commencement of trial.
S S
2. The facts are that at 3.30 in the morning of 19 May
T T
this year the defendant was ejected from the Beijing Club. The
prosecution have not produced and revealed why nor was PW1 privy
U U
to the reasons why the defendant was kicked out. He was only
CRT26/17.10.2011/LT 1 DCCC806/2011/Sentence
V V
A A
told not to let the defendant back in. PW1 said that the
defendant looked angry but left the area. Half an hour later the
B B
defendant returned and was clearly very emotional, aggressive
C and drunk. C
D 3. There is no dispute that he had gone down the street, D
entered the Tsui Wah Restaurant, grabbed a long bread knife,
E E
Exhibit P1, intending to come back to Beijing Club to confront
the staff because he had been ejected earlier.
F F
G 4. On CCTV footage it is clearly visible. His friends can G
be seen trying to restrain him some distance away from the lobby
H of the Beijing Club and they were unsuccessful. He stumbled up H
the street and into the lobby, recklessly waving this long knife
I I
around. People had to scatter and run away. From the footage,
the defendant is not aiming the knife at anyone in particular
J J
but his actions are very, very reckless. There was a suggestion
K
he was chasing someone but, again from the CCTV footage, it is K
clear that he was not targeting anyone in particular. His verbal
L threats related to all the staff and no one in particular. L
M 5. He is very lucky that nobody was seriously injured. M
PW1 had to have six stitches at the top of his finger. Luckily,
N N
no muscle or tendon was cut. He has not suffered any permanent
damage, but the defendant’s behaviour, even if drunk, is
O O
unacceptable and serious, and on the facts, only a term of
P imprisonment can suffice. P
Q 6. A maximum sentence for a section 19 offence is Q
3 years’ imprisonment.
R R
7. The 2nd charge is a possession of offensive weapon
S S
offence under section 33(1) of the Public Order Ordinance. This
T offence will attract a custodial sentence according to the law. T
I will accept that the defendant did not take a knife out with
U him, it was not pre-planned to carry a knife, and I will accept U
CRT26/17.10.2011/LT 2 DCCC806/2011/Sentence
V V
A A
it was grabbed under the effect of alcohol and extreme
agitation.
B B
C 8. Charge 3, resisting a police officer, again is a C
serious offence. This particular charge, section 36(b), it has
D been said time and time again in the appellate courts that a D
custodial sentence is appropriate where this charge is used.
E E
9. Now, PW2 gave evidence that he gave numerous warnings,
F F
and I am sure he did certainly give several, and he felt it
G necessary to draw his baton to confront the defendant waving a G
long knife in such a public area. He gave evidence that he would
H have drawn his gun if there had been less people around, but H
despite warnings, I accept the defendant did not listen or obey
I I
this police officer. PW2 is lucky not to have suffered any
injury from this knife. He got in close proximity to this knife.
J J
K
10. If the defendant’s friends had not intervened when K
they did it may have been an even more serious situation, and
L the facts relating to this charge, in my opinion, deserve a term L
of imprisonment.
M M
11. I have heard mitigation and consider that all three
N N
charges have the advantage of being pleas of guilty. This shows
remorse.
O O
P 12. The defendant is not a man of clear record. He has one P
previous conviction for violence in 2005 for which he received a
Q fine. He was a teenager. Q
R R
13. I have been told of and seen evidence of some cardio
health problems. From what I can tell, they are not life-
S S
threatening or serious at the moment but I will bear that in
T mind. T
U U
CRT26/17.10.2011/LT 3 DCCC806/2011/Sentence
V V
A A
14. The defendant has been placed on probation before and
kept in touch with a social worker, Mr Tsang, who was prepared
B B
to swear and give evidence of the defendant’s character. He says
C he does not know the defendant very well but has certainly some C
dealings with the defendant in the past and the defendant has
D turned to this social worker as a result of this arrest. He says D
the defendant is a good person with good friends but he is
E E
emotional, easily led astray by bad peers, and says the
defendant is spoilt by his family, which could explain some of
F F
his actions when he loses face by being kicked out of a
G nightclub. G
H 15. The defendant also has a very supportive family here. H
They have been in court to show their support. I have been told
I I
that the defendant since introduction by the social worker has
been to church on a regular basis with his girlfriend and I have
J J
a letter from the church.
K K
16. The defendant has written a letter to the court
L expressing his remorse, explaining his actions, and I have also L
been told he is willing to pay compensation to PW1, and I will
M make a compensation order and it is a factor I will take into M
consideration when I consider a starting point for each charge.
N N
17. The defendant has a future. He has a future job as
O O
well as a steady relationship with a girlfriend of over 4 years.
P P
18. All these matters I have considered relevant to
Q sentence as well as the facts of the case. Q
R R
19. Defendant, please stand up. For Charge 1, the
alternative charge of section 19, I will take a starting point
S S
of 12 months’ imprisonment. You will be entitled to a discount
T of 4 months for your plea. I will impose a sentence of 8 months’ T
imprisonment.
U U
CRT26/17.10.2011/LT 4 DCCC806/2011/Sentence
V V
A A
20. For Charge 2, possession of an offensive weapon, I
take a starting point of 6 months’ imprisonment. You are
B B
entitled to a discount of 2 months for your plea. On Charge 2, I
C sentence you to 4 months’ imprisonment. C
D 21. For Charge 3, I take a starting point of 9 months’ D
imprisonment. You are entitled to a discount of 3 months for
E E
your plea. On Charge 3, I impose a sentence of 6 months’
imprisonment.
F F
G 22. All three arise out of the same incident at the same G
time. I will order them all to be served concurrently. That
H will mean a total sentence of 8 months’ imprisonment. H
I I
23. I will order compensation of $5,000 to be taken from
bail, payable to the victim, PW1.
J J
K K
L L
M A. J. Woodcock M
Deputy District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT26/17.10.2011/LT 5 DCCC806/2011/Sentence
V V