A A
B B
DCCC 238/2013
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 238 OF 2013 E
F F
--------------------------
G HKSAR G
v
H H
SONG Fei
I -------------------------- I
J J
Before: HH Judge Anthony Kwok
K Date: 15 April 2013 at 11.59 am K
Present: Mr Sharman Lam, SPP of the Department of Justice, for
L L
HKSAR
M Mr Wong Vai Nang, of Simon Ho & Co, assigned by the M
Director of Legal Aid, for the defendant
N N
Offence: (1) Remaining in Hong Kong without the authority of the
O Director of Immigration after having landed unlawfully O
in Hong Kong (在香港非法入境後未得入境事務處
P P
處長授權而留在香港)
Q Q
(2) Burglary (入屋犯法罪)
R (3) Resisting police officers in the execution of their duties R
(抗拒執行職責的警務人員)
S S
T T
U U
V V
- 2 -
A A
B B
-------------------------------------
C REASONS FOR SENTENCE C
-------------------------------------
D D
E 1. The defendant appeared before me this morning and pleaded E
guilty to the following three charges:-
F F
G 1st Charge G
Statement of Offence
H H
I Remaining in Hong Kong without the authority of the I
Director of Immigration after having landed unlawfully in Hong Kong,
J J
contrary to section 38(1)(b) of the Immigration Ordinance, Cap115.
K K
Particulars of Offence
L L
M Song Fei, on the 31st day of December, 2012, having landed M
in Hong Kong unlawfully, remained in Hong Kong without the authority
N N
of the Director of Immigration.
O O
2nd Charge
P P
Statement of Offence
Q Q
Burglary, contrary to section 11(1)(b) and (4) of the Theft
R R
Ordinance, Cap 210.
S S
T T
U U
V V
- 3 -
A A
B B
Particulars of Offence
C C
Song Fei, on the 31st day of December 2012, in Hong Kong,
D D
having entered as a trespasser part of a building known as No 8 Shui Mei
E Tsuen, Pat Heung, New Territories, stole therein one iPhone, eight bags, E
two chargers, three coats, cash of $13,280 Hong Kong currency, cash of
F F
€400 Euros, cash of 1,300 Thailand Bahts, cash of ¥1,000 Japanese Yens,
G one Octopus card, one watch, one MacBook one notebook computer, one G
computer mouse, four memory sticks, one router, one adaptor, one USB
H H
wire, one external hard disk and cash of ¥1,006 Renminbi.
I I
3rd Charge
J J
Statement of Offence
K K
Resisting police officers in the execution of their duties,
L L
contrary to section 63 of the Police Force Ordinance, Cap 232.
M M
Particulars of Offence
N N
O Song Fei, on the 31st day of December, 2012, at the slip road O
near lamppost No AD6255, Pat Heung, New Territories, in Hong Kong,
P P
resisted Sergeant 49516 Chow Wai-yip, Senior Police Constable 47687
Q Nam Kwok-leung and Police Constable 8117 Hui Yin-choi, police officers Q
of the Hong Kong Police Force acting in the execution of their duties.
R R
S S
T T
U U
V V
- 4 -
A A
B B
The Facts
C C
2. According to the Summary of Facts which has been admitted
D D
by the defendant following his plea, this is a simple and straightforward
E burglary case of a village house situated in Pat Heung, New Territories. E
The subject matter of the village house in question is a three-storey house
F F
surrounded by four concrete walls of about 1.5 metres in height. At the
G material time, the village house was resided by two ladies, one Madam G
Yau, PW1, the owner of the house and also her friend, one Madam Ding,
H H
PW2.
I I
3. On 31 December 2012, PW2 was sleeping in the bedroom at
J J
the 1st floor of the house. At about 4:50 am she woke up and heard some
K sound coming from the dining room on the same floor. She noticed the K
bedroom door was opened and upon checking, she also found that the door
L L
leading to the balcony was opened. Her handbag and also two coats placed
M in the dining room were missing. She then shouted to PW1 who was M
sleeping at the time in another room on the 2nd floor. The case was
N N
reported by PW1.
O O
4. Later on, upon checking, both PW1 and PW2 confirmed that
P P
the property as named in the particulars of Charge 2 were all missing.
Q Q
5. According to the facts, the missing properties were all placed
R R
on the dining table of the 1st floor in the dining room as well as the
S bedrooms where PW1 and PW2 were sleeping. S
T T
U U
V V
- 5 -
A A
B B
6. After the police had received the report, a team of police
C officers (including PW3, PW4 and PW5), the three police officers named C
in Charge 3, had conducted a sweeping in the vicinity. Subsequently at
D D
about 5:10 am they spotted the defendant riding on a bicycle suspiciously
E and therefore he was intercepted. Upon the request of the police to E
produce his identification document, the defendant replied in Punti that he
F F
actually sneaked into Hong Kong. One of the police officers, PW3
G searched the defendant’s rucksack and found a MacBook computer G
(Exhibit P1).
H H
I 7. The defendant was then immediately arrested whereupon he I
immediately pushed PW3 with both hands. PW3 lost balance and fell onto
J J
the ground as a result. The defendant fled. PW3 to PW5 together gave
K chase and warned the defendant to stop. The defendant ignored the K
warning and it was only after a 10 metre chase that the defendant was
L L
finally intercepted. When the defendant was intercepted, he kept
M struggling and eventually the three police officers and the defendant all fell M
onto the ground. It was only after two minutes that PW3 to PW5
N N
eventually managed to subdue the defendant and handcuffed him.
O O
8. PW3 to PW5 have all suffered various degrees of injuries
P P
during the incident. They were later sent to the hospital for treatment.
Q They have suffered injuries ranging from tenderness and abrasion, mainly Q
in their shoulders, palms or fingers.
R R
S 9. Later, when the defendant was arrested again, he freely S
admitted that he had no money to support his family and therefore he came
T T
to Hong Kong to steal and he only ran away because he was afraid of arrest
U U
V V
- 6 -
A A
B B
and imprisonment and he actually sneaked into Hong Kong by climbing
C into Sha Tau Kok on 27 December 2012. C
D D
10. A more detailed search was later conducted on the defendant
E and fortunately for PW1 and 2, all the properties that were missing, Exhibit E
P1 to P25, were recovered from the defendant.
F F
G The Record of the defendant G
H H
11. This is not the first time the defendant was charged with a
I similar offence. In fact, the defendant was brought up to courts and was I
actually sentenced both in 1999 and 2005. In 1999 he was sentenced to a
J J
total of 33 months’ imprisonment for “burglary”, “illegal remaining in
K Hong Kong” and “resisting arrest”. In 2005, again he was charged with K
“illegal remaining in Hong Kong” and “handling stolen goods”, for which
L L
he was sentenced to 18 months and 12 months’ imprisonment
M consecutively. M
N N
12. The defendant is still single but he had co-habited with his
O girlfriend and they have a 15 months old baby. He is 37 years old and he O
only received Primary 5 education. He was born in Sichuan Province in
P P
China.
Q Q
13. According to the mitigation by his lawyer, Mr Wong, before
R R
this incident the defendant was working as a construction worker earning a
S monthly income of ¥3,000. In December 2012 his contractor absconded S
with the wages and as a result the defendant was owed four months’ salary.
T T
Because the defendant had no money he could not go back home to see the
U U
V V
- 7 -
A A
B B
daughter and girlfriend. He decided to come to Hong Kong to find a job
C and he subsequently committed the present offence. C
D D
14. Mr Wong said the defendant was only scared when he
E committed the offence of “resisting arrest”. He said that the force used by E
the defendant during the incident can be described as small and the injuries
F F
of the police officers is not serious and it is believed that they have all
G recovered by now. G
H H
15. All the properties involved in the burglary were recovered.
I The defendant said he was very remorseful and he would not come to Hong I
Kong again. Mr Wong also said the defendant wished the court to be as
J J
lenient as possible and to impose a lower sentence so that he can go back to
K his daughter and his girlfriend as soon as possible. K
L L
16. Mr Wong actually had produced to the court, and quite
M properly, a case of HKSAR v Tong Fuk Sing, CACC 216/1999. In M
sentencing, I have referred myself to this case, where the Court of Appeal
N N
is dealing with a similar case concerning burglary of a village house and
O the applicant in that case was also an illegal immigrant who was charged O
with “illegal remaining”.
P P
Q 17. For Charge 1 of “illegal remaining”, 15 months is the Q
appropriate sentence for this kind of offence after a plea of guilty and the
R R
leading case authority is of course R v So Man King [1989] 1 HKLR 142.
S As said, the defendant is not a person of a clear record. Instead, he had S
later come to Hong Kong illegally, both in 1999 and 2005, and for which
T T
his sentence in respect of “illegal remaining” has already been increased
U U
V V
- 8 -
A A
B B
from 15 months to 18 months. This is the third time that he entered Hong
C Kong illegally. He should know full well that the court has a duty to C
increase his sentence to reflect the gravity of the matter and to deter him
D D
from ever considering coming to Hong Kong illegally and especially to
E commit crime. E
F F
18. The starting point for Charge 1 upon his plea of guilty will
G therefore be increased to 21 months’ imprisonment. G
H H
19. For Charge 2, it is a “burglary” charge in respect of a
I domestic premises. I accept that no violence was used during the course of I
the burglary and I also accept that all the properties that had been stolen by
J J
the defendant from the village house had been recovered and the victims
K were seemingly not disturbed or alarmed during the course of the burglary. K
Be that as it may, this is still a serious burglary. Although the defendant
L L
had a similar burglary record back in 1999, I would not regard him as a
M repeated offender and I will still adopt the usual tariff for burglary of M
domestic premises and the starting point is therefore 3 years.
N N
O 20. The defendant pleaded guilty and his sentence would be O
reduced by one-third to 2 years’ imprisonment.
P P
Q 21. For the sentences of “resisting the police officers in the Q
execution of their duties”, there are altogether three police officers
R R
involved. All three of them have suffered various degrees of minor injuries
S in the course of the struggle with the defendant. Having considered the S
facts of this charge as well as the mitigation put forward by the defendant’s
T T
lawyer, I would regard that 3 months’ imprisonment would be appropriate
U U
V V
- 9 -
A A
B B
for this charge. The defendant has pleaded guilty and similarly he would
C be entitled to a one-third discount. C
D D
22. The sentence for this charge is therefore 2 months’
E imprisonment. E
F F
23. Finally, it is the matter of totality. In respect of Charges 1 and
G 2, as quoted in the case of Tong Fuk Sing CACC 216/1999, in page 5 of the G
judgment, the Court of Appeal had said that:-
H H
I “Unless there exists some compelling circumstances, such as I
strong humanitarian reasons, the sentences for both burglary and
the illegal remaining should normally be imposed consecutively
J to one another.” J
K K
24. The Court of Appeal also quoted its earlier case, HKSAR v
L Wong Ting Wah CACC 153/1997. In that case the court had considered L
the position where pleas of guilty had been entered to a burglary on a house
M M
in the New Territories committed by a man who was unlawfully in Hong
N Kong. I consider that the position of the defendant in this case is exactly N
the same as the applicant in that case. The Court of Appeal has said the
O O
following in Wong Ting Wah (supra):
P P
“The judge properly took 3 years as a starting point and properly
Q gave a one-third reduction for plea, reducing that to 2 years. The Q
sentence of 15 months was also a proper sentence to impose on a
charge of unlawful entering. This court has repeatedly said that
R it is proper that such a sentence be made consecutive. We have R
observed on a number of occasions in the past that householders,
S particularly those who reside in the New Territories, are entitled S
to retire in the evening with a feeling that their house and their
property therein is safe from the sort of deprivation that persons
T such as the applicant are committing. It would be wrong for the T
courts to exercise leniency in relation to offences of this type. It
would be a failure to give what protection the courts can give to
U U
V V
- 10 -
A A
B residents of Hong Kong. The sentences, in our view, were not B
too severe and the application is refused.”
C C
25. Accordingly, it follows that the proper sentence of this
D D
defendant in the present case should be one of 21 months in the Charge 1
E and 24 months in Charge 2, both sentences to run consecutively making a E
total of 45 months’ imprisonment.
F F
G 26. Insofar as Charge 3 is concerned, I take into account the G
sentence that I have passed in respect of Charges 1 and 2, and considering
H H
the principle of totality, I will order that 1 month of the sentence on Charge
I 3 to run concurrent with the total sentence of Charge 1 and Charge 2. In I
other words, the defendant only needs to serve an additional month for this
J J
charge.
K K
27. The total sentences for these three charges is therefore one of
L L
46 months’ imprisonment.
M M
N N
( Anthony Kwok )
O District Judge O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 238/2013
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 238 OF 2013 E
F F
--------------------------
G HKSAR G
v
H H
SONG Fei
I -------------------------- I
J J
Before: HH Judge Anthony Kwok
K Date: 15 April 2013 at 11.59 am K
Present: Mr Sharman Lam, SPP of the Department of Justice, for
L L
HKSAR
M Mr Wong Vai Nang, of Simon Ho & Co, assigned by the M
Director of Legal Aid, for the defendant
N N
Offence: (1) Remaining in Hong Kong without the authority of the
O Director of Immigration after having landed unlawfully O
in Hong Kong (在香港非法入境後未得入境事務處
P P
處長授權而留在香港)
Q Q
(2) Burglary (入屋犯法罪)
R (3) Resisting police officers in the execution of their duties R
(抗拒執行職責的警務人員)
S S
T T
U U
V V
- 2 -
A A
B B
-------------------------------------
C REASONS FOR SENTENCE C
-------------------------------------
D D
E 1. The defendant appeared before me this morning and pleaded E
guilty to the following three charges:-
F F
G 1st Charge G
Statement of Offence
H H
I Remaining in Hong Kong without the authority of the I
Director of Immigration after having landed unlawfully in Hong Kong,
J J
contrary to section 38(1)(b) of the Immigration Ordinance, Cap115.
K K
Particulars of Offence
L L
M Song Fei, on the 31st day of December, 2012, having landed M
in Hong Kong unlawfully, remained in Hong Kong without the authority
N N
of the Director of Immigration.
O O
2nd Charge
P P
Statement of Offence
Q Q
Burglary, contrary to section 11(1)(b) and (4) of the Theft
R R
Ordinance, Cap 210.
S S
T T
U U
V V
- 3 -
A A
B B
Particulars of Offence
C C
Song Fei, on the 31st day of December 2012, in Hong Kong,
D D
having entered as a trespasser part of a building known as No 8 Shui Mei
E Tsuen, Pat Heung, New Territories, stole therein one iPhone, eight bags, E
two chargers, three coats, cash of $13,280 Hong Kong currency, cash of
F F
€400 Euros, cash of 1,300 Thailand Bahts, cash of ¥1,000 Japanese Yens,
G one Octopus card, one watch, one MacBook one notebook computer, one G
computer mouse, four memory sticks, one router, one adaptor, one USB
H H
wire, one external hard disk and cash of ¥1,006 Renminbi.
I I
3rd Charge
J J
Statement of Offence
K K
Resisting police officers in the execution of their duties,
L L
contrary to section 63 of the Police Force Ordinance, Cap 232.
M M
Particulars of Offence
N N
O Song Fei, on the 31st day of December, 2012, at the slip road O
near lamppost No AD6255, Pat Heung, New Territories, in Hong Kong,
P P
resisted Sergeant 49516 Chow Wai-yip, Senior Police Constable 47687
Q Nam Kwok-leung and Police Constable 8117 Hui Yin-choi, police officers Q
of the Hong Kong Police Force acting in the execution of their duties.
R R
S S
T T
U U
V V
- 4 -
A A
B B
The Facts
C C
2. According to the Summary of Facts which has been admitted
D D
by the defendant following his plea, this is a simple and straightforward
E burglary case of a village house situated in Pat Heung, New Territories. E
The subject matter of the village house in question is a three-storey house
F F
surrounded by four concrete walls of about 1.5 metres in height. At the
G material time, the village house was resided by two ladies, one Madam G
Yau, PW1, the owner of the house and also her friend, one Madam Ding,
H H
PW2.
I I
3. On 31 December 2012, PW2 was sleeping in the bedroom at
J J
the 1st floor of the house. At about 4:50 am she woke up and heard some
K sound coming from the dining room on the same floor. She noticed the K
bedroom door was opened and upon checking, she also found that the door
L L
leading to the balcony was opened. Her handbag and also two coats placed
M in the dining room were missing. She then shouted to PW1 who was M
sleeping at the time in another room on the 2nd floor. The case was
N N
reported by PW1.
O O
4. Later on, upon checking, both PW1 and PW2 confirmed that
P P
the property as named in the particulars of Charge 2 were all missing.
Q Q
5. According to the facts, the missing properties were all placed
R R
on the dining table of the 1st floor in the dining room as well as the
S bedrooms where PW1 and PW2 were sleeping. S
T T
U U
V V
- 5 -
A A
B B
6. After the police had received the report, a team of police
C officers (including PW3, PW4 and PW5), the three police officers named C
in Charge 3, had conducted a sweeping in the vicinity. Subsequently at
D D
about 5:10 am they spotted the defendant riding on a bicycle suspiciously
E and therefore he was intercepted. Upon the request of the police to E
produce his identification document, the defendant replied in Punti that he
F F
actually sneaked into Hong Kong. One of the police officers, PW3
G searched the defendant’s rucksack and found a MacBook computer G
(Exhibit P1).
H H
I 7. The defendant was then immediately arrested whereupon he I
immediately pushed PW3 with both hands. PW3 lost balance and fell onto
J J
the ground as a result. The defendant fled. PW3 to PW5 together gave
K chase and warned the defendant to stop. The defendant ignored the K
warning and it was only after a 10 metre chase that the defendant was
L L
finally intercepted. When the defendant was intercepted, he kept
M struggling and eventually the three police officers and the defendant all fell M
onto the ground. It was only after two minutes that PW3 to PW5
N N
eventually managed to subdue the defendant and handcuffed him.
O O
8. PW3 to PW5 have all suffered various degrees of injuries
P P
during the incident. They were later sent to the hospital for treatment.
Q They have suffered injuries ranging from tenderness and abrasion, mainly Q
in their shoulders, palms or fingers.
R R
S 9. Later, when the defendant was arrested again, he freely S
admitted that he had no money to support his family and therefore he came
T T
to Hong Kong to steal and he only ran away because he was afraid of arrest
U U
V V
- 6 -
A A
B B
and imprisonment and he actually sneaked into Hong Kong by climbing
C into Sha Tau Kok on 27 December 2012. C
D D
10. A more detailed search was later conducted on the defendant
E and fortunately for PW1 and 2, all the properties that were missing, Exhibit E
P1 to P25, were recovered from the defendant.
F F
G The Record of the defendant G
H H
11. This is not the first time the defendant was charged with a
I similar offence. In fact, the defendant was brought up to courts and was I
actually sentenced both in 1999 and 2005. In 1999 he was sentenced to a
J J
total of 33 months’ imprisonment for “burglary”, “illegal remaining in
K Hong Kong” and “resisting arrest”. In 2005, again he was charged with K
“illegal remaining in Hong Kong” and “handling stolen goods”, for which
L L
he was sentenced to 18 months and 12 months’ imprisonment
M consecutively. M
N N
12. The defendant is still single but he had co-habited with his
O girlfriend and they have a 15 months old baby. He is 37 years old and he O
only received Primary 5 education. He was born in Sichuan Province in
P P
China.
Q Q
13. According to the mitigation by his lawyer, Mr Wong, before
R R
this incident the defendant was working as a construction worker earning a
S monthly income of ¥3,000. In December 2012 his contractor absconded S
with the wages and as a result the defendant was owed four months’ salary.
T T
Because the defendant had no money he could not go back home to see the
U U
V V
- 7 -
A A
B B
daughter and girlfriend. He decided to come to Hong Kong to find a job
C and he subsequently committed the present offence. C
D D
14. Mr Wong said the defendant was only scared when he
E committed the offence of “resisting arrest”. He said that the force used by E
the defendant during the incident can be described as small and the injuries
F F
of the police officers is not serious and it is believed that they have all
G recovered by now. G
H H
15. All the properties involved in the burglary were recovered.
I The defendant said he was very remorseful and he would not come to Hong I
Kong again. Mr Wong also said the defendant wished the court to be as
J J
lenient as possible and to impose a lower sentence so that he can go back to
K his daughter and his girlfriend as soon as possible. K
L L
16. Mr Wong actually had produced to the court, and quite
M properly, a case of HKSAR v Tong Fuk Sing, CACC 216/1999. In M
sentencing, I have referred myself to this case, where the Court of Appeal
N N
is dealing with a similar case concerning burglary of a village house and
O the applicant in that case was also an illegal immigrant who was charged O
with “illegal remaining”.
P P
Q 17. For Charge 1 of “illegal remaining”, 15 months is the Q
appropriate sentence for this kind of offence after a plea of guilty and the
R R
leading case authority is of course R v So Man King [1989] 1 HKLR 142.
S As said, the defendant is not a person of a clear record. Instead, he had S
later come to Hong Kong illegally, both in 1999 and 2005, and for which
T T
his sentence in respect of “illegal remaining” has already been increased
U U
V V
- 8 -
A A
B B
from 15 months to 18 months. This is the third time that he entered Hong
C Kong illegally. He should know full well that the court has a duty to C
increase his sentence to reflect the gravity of the matter and to deter him
D D
from ever considering coming to Hong Kong illegally and especially to
E commit crime. E
F F
18. The starting point for Charge 1 upon his plea of guilty will
G therefore be increased to 21 months’ imprisonment. G
H H
19. For Charge 2, it is a “burglary” charge in respect of a
I domestic premises. I accept that no violence was used during the course of I
the burglary and I also accept that all the properties that had been stolen by
J J
the defendant from the village house had been recovered and the victims
K were seemingly not disturbed or alarmed during the course of the burglary. K
Be that as it may, this is still a serious burglary. Although the defendant
L L
had a similar burglary record back in 1999, I would not regard him as a
M repeated offender and I will still adopt the usual tariff for burglary of M
domestic premises and the starting point is therefore 3 years.
N N
O 20. The defendant pleaded guilty and his sentence would be O
reduced by one-third to 2 years’ imprisonment.
P P
Q 21. For the sentences of “resisting the police officers in the Q
execution of their duties”, there are altogether three police officers
R R
involved. All three of them have suffered various degrees of minor injuries
S in the course of the struggle with the defendant. Having considered the S
facts of this charge as well as the mitigation put forward by the defendant’s
T T
lawyer, I would regard that 3 months’ imprisonment would be appropriate
U U
V V
- 9 -
A A
B B
for this charge. The defendant has pleaded guilty and similarly he would
C be entitled to a one-third discount. C
D D
22. The sentence for this charge is therefore 2 months’
E imprisonment. E
F F
23. Finally, it is the matter of totality. In respect of Charges 1 and
G 2, as quoted in the case of Tong Fuk Sing CACC 216/1999, in page 5 of the G
judgment, the Court of Appeal had said that:-
H H
I “Unless there exists some compelling circumstances, such as I
strong humanitarian reasons, the sentences for both burglary and
the illegal remaining should normally be imposed consecutively
J to one another.” J
K K
24. The Court of Appeal also quoted its earlier case, HKSAR v
L Wong Ting Wah CACC 153/1997. In that case the court had considered L
the position where pleas of guilty had been entered to a burglary on a house
M M
in the New Territories committed by a man who was unlawfully in Hong
N Kong. I consider that the position of the defendant in this case is exactly N
the same as the applicant in that case. The Court of Appeal has said the
O O
following in Wong Ting Wah (supra):
P P
“The judge properly took 3 years as a starting point and properly
Q gave a one-third reduction for plea, reducing that to 2 years. The Q
sentence of 15 months was also a proper sentence to impose on a
charge of unlawful entering. This court has repeatedly said that
R it is proper that such a sentence be made consecutive. We have R
observed on a number of occasions in the past that householders,
S particularly those who reside in the New Territories, are entitled S
to retire in the evening with a feeling that their house and their
property therein is safe from the sort of deprivation that persons
T such as the applicant are committing. It would be wrong for the T
courts to exercise leniency in relation to offences of this type. It
would be a failure to give what protection the courts can give to
U U
V V
- 10 -
A A
B residents of Hong Kong. The sentences, in our view, were not B
too severe and the application is refused.”
C C
25. Accordingly, it follows that the proper sentence of this
D D
defendant in the present case should be one of 21 months in the Charge 1
E and 24 months in Charge 2, both sentences to run consecutively making a E
total of 45 months’ imprisonment.
F F
G 26. Insofar as Charge 3 is concerned, I take into account the G
sentence that I have passed in respect of Charges 1 and 2, and considering
H H
the principle of totality, I will order that 1 month of the sentence on Charge
I 3 to run concurrent with the total sentence of Charge 1 and Charge 2. In I
other words, the defendant only needs to serve an additional month for this
J J
charge.
K K
27. The total sentences for these three charges is therefore one of
L L
46 months’ imprisonment.
M M
N N
( Anthony Kwok )
O District Judge O
P P
Q Q
R R
S S
T T
U U
V V