A A
DCCC 87/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 87 OF 2013
C C
----------------------
D D
HKSAR
E v E
Lee Man-king
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 22 April 2013 at 10.31 am
H Present: Mr Frederic Whitehouse, Counsel on fiat, for HKSAR H
Ms Wong Wing-man, Vivian, instructed by Anthony Kwan &
Co, assigned by the Director of Legal Aid, for the
I defendant I
Offence: (1) Loitering with intent (有意圖而遊蕩)
J (2) Handling stolen goods (處理贓物罪) J
(3) Using markings on a vehicle with intent to deceive
(意圖欺詐而在一輛汽車上使用標記)
K K
(4) Using a motor vehicle without third party
insurance (沒有第三者保險而使用汽車)
L (5) Possession of offensive weapons in a public place L
(在公眾地方管有攻擊性武器)
M M
---------------------
N Reasons for Sentence N
---------------------
O O
P
1. Defendant, you denied one offence of loitering with P
intent, contrary to section 161 of the Crimes Ordinance,
Q Cap.200. However, you pleaded guilty to one offence of handling Q
stolen goods, contrary to section 24 of the Theft Ordinance,
R Cap.210; to using markings on a vehicle with intent to deceive, R
contrary to 111(A) of the Road Traffic Ordinance, Cap.374; to
S S
using a vehicle with no insurance, contrary to section 4(1) and
(2A) of the Motor Vehicle Insurance (Third Party) Risks
T T
Ordinance, Cap.272; and to possession of an offensive weapon,
U U
CRT31/22.4.2013/LT 1 DCCC 87/2013/Sentence
V V
A A
contrary to section 33(1) of the Public Order Ordinance,
Cap.245.
B B
C 2. I ordered the first offence to remain on file and not C
to be proceeded with without leave of this court or the Court of
D Appeal. D
E E
3. In respect of Charges 2 to 5, you admitted the brief
facts and I convicted you.
F F
G 4. The facts were as follows. On the morning of G
28 October last you were driving a car, that is LK 3661, along
H Tai Po Road towards Shatin. That is a three lane two-way road. H
The weather was fine, the road dry and in good repair. Traffic
I I
flow was normal.
J J
5. About 7.20 am, PW1, a taxi driver, was driving his
K
taxi along Tai Po Road/Yuen Chau Tsai towards Shatin. At K
lamppost CE0035 near Care Village PW1 saw the other vehicle skid
L onto the nearside pavement, knock down a signpost, overturn and L
slip onto the central dividing road marker. PW1 got out to help.
M You climbed from the overturned vehicle and gave no response to M
PW1. PW1 and another driver, PW2, called the police.
N N
6. You ran off for about 10 metres, then returned and got
O O
a plastic bag of items from the vehicle. You ran in the
P direction of Tai Po. You then threw the bag down the slope and P
returned to the vehicle. You appeared to be looking for things
Q from the vehicle and ran to and fro for a few times. You Q
disappeared before the police arrived.
R R
7. The police found two bags on the slope which contained
S S
a 43 centimetre knife with a blade of 28 centimetres and a 39
T centimetre knife with a blade of 24 centimetres, and a pair of T
registration plates, KM 1444. The knives are the subject of
U Charge 5. U
CRT31/22.4.2013/LT 2 DCCC 87/2013/Sentence
V V
A A
8. The actual registration number of the vehicle was KM
B B
1444. This had been missing since its theft on 21 October 2012.
C The registered owner of the vehicle whose correct registration C
was LK 3661 confirmed the plates to be intact and on his
D vehicle. The vehicle chassis number referred to in the admitted D
facts is that of the missing vehicle and that constitutes
E E
Charge 3.
F F
9. At about 7.48 am police located you about 200 metres
G from the scene on Tai Po Road. You were bare-chested and had G
abrasions and cut marks to your upper body. You admitted to
H having been in a traffic accident and pointed in the direction H
of the overturned vehicle. You stated you were only driving for
I I
Kit Jai, who promised you $2,000. You claimed you could not
contact him and you were to wait at a restaurant in Tai Po.
J J
Charge 2.
K K
10. You were arrested and cautioned and repeated that you
L were asked by Kit Jai to deliver the vehicle from Mongkok to Tai L
Po for $2,000. You claimed that the tyres burst which caused the
M accident. You had driven the vehicle without the consent of the M
proper owner and so therefore you were not insured. Charge 4.
N N
In fact, the vehicle had been stolen a week before the accident
from a locked garage.
O O
P 11. At a subsequent interview under caution on 29 October P
2012 you admitted the knives belonged to you.
Q Q
12. You admitted to 11 previous convictions, some of which
R R
were similar to the present offences.
S S
13. On your behalf, Miss Wong entered mitigation. She told
T me that you agreed with the antecedents statement provided by T
the prosecution. You are 37 years old, single and educated to
U Form 2. Prior to arrest you had been employed as a lorry driver, U
CRT31/22.4.2013/LT 3 DCCC 87/2013/Sentence
V V
A A
earning some $9,000 per month. You reside with your parents, who
are in their 60s. Your father is in fact suffering from cancer.
B B
C 14. In relation to the offences, Miss Wong stressed your C
plea of guilty. She told me you had been recruited by Kit Jai, a
D man whom you met playing mahjong, to deliver the two knives to D
Tai Po for $2,000. The car was provided for this purpose. Quite
E E
rightly, she said there was nothing to connect you to the theft
of the car, nor was it a case where you were delivering the
F F
vehicle to be sold.
G G
15. She referred me to two cases, the first being HKSAR v
H Cheng Chun Ming, CACC 356/2000. In that case the Court of Appeal H
approved of a starting point of 3 years. However, the facts were
I I
somewhat different in that the car was being delivered to a
dealer for sale.
J J
K
16. The second case was HKSAR v Lam Shun Choi, DCCC K
612/2012, where for using a document to deceive the judge took a
L starting point of 12 months, and for no insurance a starting L
point of 6 months.
M M
17. She urged me to view the present case as being much
N N
less serious than these cases and to adopt a lower starting
point, that all sentences should be run concurrently, especially
O O
2 and 5, which are part and parcel of the same act. She produced
P to me a letter of mitigation provided by you. P
Q 18. I turn now to the sentences. Q
R R
19. You are a man with a considerable criminal record, and
in fact the present offence was committed shortly after your
S S
release from prison after your previous sentence. I fully accept
T that you played no part in the theft of the vehicle, nor were T
you delivering the vehicle to be sold. I am prepared to accept
U the vehicle was merely being used to deliver two knives. U
CRT31/22.4.2013/LT 4 DCCC 87/2013/Sentence
V V
A A
However, that is serious in that you must know that knives can
only be used for one purpose. I accept also that it cannot be
B B
shown that you were the one who changed the registration plates.
C C
20. I have taken into account all the mitigation advanced.
D I have also taken into account your letter. I note that on D
arrest you were co-operative with the police.
E E
21. The following sentences will be imposed: Charge 2,
F F
that is handling stolen goods, I take a starting point of 27
G months, reduced to 18 months for your plea of guilty; Charge 3, G
which is the matter relating to the using the markings with
H intent to deceive, I take a starting point of 9 months, reduced H
to 6; Charge 4, no insurance, a starting point of 6 months,
I I
reduced to 4 months. Additionally, for this offence, you will be
disqualified from holding or obtaining a driving licence in
J J
respect of all classes of vehicles for a period of 18 months;
K
and Charge 5, 6 months down to 4 months. K
L 22. Charges 3 and 4 will be served concurrently with the L
sentence on Charge 2, whereas the sentence on Charge 5 of 4
M months, 2 months will be consecutive and 2 months concurrent. M
That is a total of 20 months’ imprisonment.
N N
O O
P P
Q Q
Tallentire
District Judge
R R
S S
T T
U U
CRT31/22.4.2013/LT 5 DCCC 87/2013/Sentence
V V
A A
DCCC 87/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 87 OF 2013
C C
----------------------
D D
HKSAR
E v E
Lee Man-king
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 22 April 2013 at 10.31 am
H Present: Mr Frederic Whitehouse, Counsel on fiat, for HKSAR H
Ms Wong Wing-man, Vivian, instructed by Anthony Kwan &
Co, assigned by the Director of Legal Aid, for the
I defendant I
Offence: (1) Loitering with intent (有意圖而遊蕩)
J (2) Handling stolen goods (處理贓物罪) J
(3) Using markings on a vehicle with intent to deceive
(意圖欺詐而在一輛汽車上使用標記)
K K
(4) Using a motor vehicle without third party
insurance (沒有第三者保險而使用汽車)
L (5) Possession of offensive weapons in a public place L
(在公眾地方管有攻擊性武器)
M M
---------------------
N Reasons for Sentence N
---------------------
O O
P
1. Defendant, you denied one offence of loitering with P
intent, contrary to section 161 of the Crimes Ordinance,
Q Cap.200. However, you pleaded guilty to one offence of handling Q
stolen goods, contrary to section 24 of the Theft Ordinance,
R Cap.210; to using markings on a vehicle with intent to deceive, R
contrary to 111(A) of the Road Traffic Ordinance, Cap.374; to
S S
using a vehicle with no insurance, contrary to section 4(1) and
(2A) of the Motor Vehicle Insurance (Third Party) Risks
T T
Ordinance, Cap.272; and to possession of an offensive weapon,
U U
CRT31/22.4.2013/LT 1 DCCC 87/2013/Sentence
V V
A A
contrary to section 33(1) of the Public Order Ordinance,
Cap.245.
B B
C 2. I ordered the first offence to remain on file and not C
to be proceeded with without leave of this court or the Court of
D Appeal. D
E E
3. In respect of Charges 2 to 5, you admitted the brief
facts and I convicted you.
F F
G 4. The facts were as follows. On the morning of G
28 October last you were driving a car, that is LK 3661, along
H Tai Po Road towards Shatin. That is a three lane two-way road. H
The weather was fine, the road dry and in good repair. Traffic
I I
flow was normal.
J J
5. About 7.20 am, PW1, a taxi driver, was driving his
K
taxi along Tai Po Road/Yuen Chau Tsai towards Shatin. At K
lamppost CE0035 near Care Village PW1 saw the other vehicle skid
L onto the nearside pavement, knock down a signpost, overturn and L
slip onto the central dividing road marker. PW1 got out to help.
M You climbed from the overturned vehicle and gave no response to M
PW1. PW1 and another driver, PW2, called the police.
N N
6. You ran off for about 10 metres, then returned and got
O O
a plastic bag of items from the vehicle. You ran in the
P direction of Tai Po. You then threw the bag down the slope and P
returned to the vehicle. You appeared to be looking for things
Q from the vehicle and ran to and fro for a few times. You Q
disappeared before the police arrived.
R R
7. The police found two bags on the slope which contained
S S
a 43 centimetre knife with a blade of 28 centimetres and a 39
T centimetre knife with a blade of 24 centimetres, and a pair of T
registration plates, KM 1444. The knives are the subject of
U Charge 5. U
CRT31/22.4.2013/LT 2 DCCC 87/2013/Sentence
V V
A A
8. The actual registration number of the vehicle was KM
B B
1444. This had been missing since its theft on 21 October 2012.
C The registered owner of the vehicle whose correct registration C
was LK 3661 confirmed the plates to be intact and on his
D vehicle. The vehicle chassis number referred to in the admitted D
facts is that of the missing vehicle and that constitutes
E E
Charge 3.
F F
9. At about 7.48 am police located you about 200 metres
G from the scene on Tai Po Road. You were bare-chested and had G
abrasions and cut marks to your upper body. You admitted to
H having been in a traffic accident and pointed in the direction H
of the overturned vehicle. You stated you were only driving for
I I
Kit Jai, who promised you $2,000. You claimed you could not
contact him and you were to wait at a restaurant in Tai Po.
J J
Charge 2.
K K
10. You were arrested and cautioned and repeated that you
L were asked by Kit Jai to deliver the vehicle from Mongkok to Tai L
Po for $2,000. You claimed that the tyres burst which caused the
M accident. You had driven the vehicle without the consent of the M
proper owner and so therefore you were not insured. Charge 4.
N N
In fact, the vehicle had been stolen a week before the accident
from a locked garage.
O O
P 11. At a subsequent interview under caution on 29 October P
2012 you admitted the knives belonged to you.
Q Q
12. You admitted to 11 previous convictions, some of which
R R
were similar to the present offences.
S S
13. On your behalf, Miss Wong entered mitigation. She told
T me that you agreed with the antecedents statement provided by T
the prosecution. You are 37 years old, single and educated to
U Form 2. Prior to arrest you had been employed as a lorry driver, U
CRT31/22.4.2013/LT 3 DCCC 87/2013/Sentence
V V
A A
earning some $9,000 per month. You reside with your parents, who
are in their 60s. Your father is in fact suffering from cancer.
B B
C 14. In relation to the offences, Miss Wong stressed your C
plea of guilty. She told me you had been recruited by Kit Jai, a
D man whom you met playing mahjong, to deliver the two knives to D
Tai Po for $2,000. The car was provided for this purpose. Quite
E E
rightly, she said there was nothing to connect you to the theft
of the car, nor was it a case where you were delivering the
F F
vehicle to be sold.
G G
15. She referred me to two cases, the first being HKSAR v
H Cheng Chun Ming, CACC 356/2000. In that case the Court of Appeal H
approved of a starting point of 3 years. However, the facts were
I I
somewhat different in that the car was being delivered to a
dealer for sale.
J J
K
16. The second case was HKSAR v Lam Shun Choi, DCCC K
612/2012, where for using a document to deceive the judge took a
L starting point of 12 months, and for no insurance a starting L
point of 6 months.
M M
17. She urged me to view the present case as being much
N N
less serious than these cases and to adopt a lower starting
point, that all sentences should be run concurrently, especially
O O
2 and 5, which are part and parcel of the same act. She produced
P to me a letter of mitigation provided by you. P
Q 18. I turn now to the sentences. Q
R R
19. You are a man with a considerable criminal record, and
in fact the present offence was committed shortly after your
S S
release from prison after your previous sentence. I fully accept
T that you played no part in the theft of the vehicle, nor were T
you delivering the vehicle to be sold. I am prepared to accept
U the vehicle was merely being used to deliver two knives. U
CRT31/22.4.2013/LT 4 DCCC 87/2013/Sentence
V V
A A
However, that is serious in that you must know that knives can
only be used for one purpose. I accept also that it cannot be
B B
shown that you were the one who changed the registration plates.
C C
20. I have taken into account all the mitigation advanced.
D I have also taken into account your letter. I note that on D
arrest you were co-operative with the police.
E E
21. The following sentences will be imposed: Charge 2,
F F
that is handling stolen goods, I take a starting point of 27
G months, reduced to 18 months for your plea of guilty; Charge 3, G
which is the matter relating to the using the markings with
H intent to deceive, I take a starting point of 9 months, reduced H
to 6; Charge 4, no insurance, a starting point of 6 months,
I I
reduced to 4 months. Additionally, for this offence, you will be
disqualified from holding or obtaining a driving licence in
J J
respect of all classes of vehicles for a period of 18 months;
K
and Charge 5, 6 months down to 4 months. K
L 22. Charges 3 and 4 will be served concurrently with the L
sentence on Charge 2, whereas the sentence on Charge 5 of 4
M months, 2 months will be consecutive and 2 months concurrent. M
That is a total of 20 months’ imprisonment.
N N
O O
P P
Q Q
Tallentire
District Judge
R R
S S
T T
U U
CRT31/22.4.2013/LT 5 DCCC 87/2013/Sentence
V V