A A
DCCC 81/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 81 OF 2013
C C
----------------------
D D
HKSAR
E v E
Yim Pak-ho, Myron
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 24 May 2013 at 10.44 am
H Present: Mr Terry Wong, Counsel on fiat, for HKSAR H
Mr Luk Wai-hung, Albert, instructed by Hau, Lau, Li &
Yeung, assigned by the Director of Legal Aid, for the
I defendant I
Offence: (1) Theft (盜竊罪)
J (2) Attempted burglary (企圖入屋犯法罪) J
(3) Falsely pretending to be a public officer (假冒公職
K
人員) K
---------------------
L L
Reasons for Sentence
M --------------------- M
N 1. Defendant, you have pleaded guilty to one offence of N
theft, contrary to section 9 of the Theft Ordinance, Cap 210,
O also to one offence of falsely pretending to be a public O
officer, contrary to section 22(1) of the Summary Offences
P P
Ordinance, Cap 228. You admitted the facts and I convicted you
on those facts. However, I also convicted you after trial of one
Q Q
offence of attempted burglary, contrary to sections 11(1)(a) and
R (4) of the Theft Ordinance and section 159G of the Crimes R
Ordinance, Cap 200.
S S
2. The facts are dealt with fully in my reasons for my
T verdict. I therefore deem it unnecessary to deal with them in T
detail at this point yet again.
U U
CRT31/24.5.2013/SY 1 DCCC 81/2013/Sentence
V V
A A
3. Basically what happened is this, you stole the warrant
card of PW1, a senior inspector of police, in whose flat you
B B
resided. When he was abroad, you then went on two occasions to
C Aberdeen Police College. On the second occasion you attempted to C
break into a barrack room in order to steal from there. When you
D were caught, you produced the warrant card and pretended to be D
Senior Inspector of Police Tam in order to get away. You went on
E E
to give another lie as your purpose for being at the college.
F F
4. You admitted to three previous convictions on two
G occasions. The first conviction being one of burglary in which G
you stole police uniforms from a police station. I note that the
H disposal of that case was very lenient indeed. H
I I
5. In view of the bizarre nature of your psychological
condition, I adjourned the case for the preparation of a
J J
psychological report to supplement the one provided by defence
K
and for a probation officer’s background report. The former K
confirms your obsession with the police and in particular with
L police uniforms and the need for psychological treatment. L
M 6. I do note that the psychologist finds that your risk M
of re-offending is assessed as being medium to high. But if I
N N
understand that correctly, that is prior to treatment and not
taking into account the present punishment that will be meted
O O
out.
P P
7. Mr Luk entered mitigation on your behalf. First of
Q all, he told me that the two reports, that is the probation Q
officer’s background report and the psychological report, had
R R
been explained to you and you agreed with those.
S S
8. Mr Luk referred to how initially you had achieved
T little academically at school but eventually worked hard and T
went on to a Bachelor’s degree and then a Master’s degree. He
U went on to remind me that your fondness or obsession with the U
CRT31/24.5.2013/SY 2 DCCC 81/2013/Sentence
V V
A A
police arose from an incident when you were a young boy in which
the police had assisted you when you were lost.
B B
C 9. He referred to the psychological report. He pointed C
out that whilst the risk of re-offending was assessed as medium
D to high, there was a recommendation for treatment, that you were D
perceived as being remorseful and that the effect of your
E E
punishment here would be positive. Also, and this is important,
that you yourself had come to the conclusion that you needed to
F F
obtain treatment for your obsession.
G G
10. Mr Luk then went on to produce six letters. Those
H letters were from PW1, the victim of this case, that of course H
is in respect of the 1st charge, one from yourself and the other
I I
four were from relatives and friends. I have read those letters
and taken them into account when sentencing you.
J J
K
11. In the letter from PW1, it has confirmed what he said K
in court that he has forgiven you for what you have done, that
L it is his intention and hope to stand by you and to assist you L
with your problems which I take it to mean aid with
M rehabilitation. M
N N
12. You extend your apologies and you tell me that you
have actually written to the Aberdeen Police apologizing for
O O
what you did.
P P
13. Mr Luk went on to submit that these were non-domestic
Q premises and ask me to impose a light sentence whilst Q
realistically accepting that prison is inevitable in this case.
R R
14. In mitigation he pointed out that you had not gone
S S
equipped with equipment to break and enter, that no damage had
T been done to any property and nothing had been taken. In fact, T
he submitted there were no aggravating features in this case.
U He also asked me to consider concurrent sentences on the basis U
CRT31/24.5.2013/SY 3 DCCC 81/2013/Sentence
V V
A A
that all three offences were part and parcel of the same course
of conduct. This I take it to mean that all were driven by your
B B
same obsession.
C C
15. He went on to point out that you yourself had no vices
D such as gambling, that whilst you do have a criminal record, D
that is very much related to this type of conduct. He accepted
E E
that you do have a previous conviction for burglary in which you
stole police uniforms and he accepts that the sentence itself of
F F
60 hours’ community service was very lenient. He concluded by
G asking me to be as lenient as I possibly can. G
H 16. I turn now to the sentence. H
I I
17. I must make the point, to begin with, that I am
shocked and appalled that a civilian could so easily gain access
J J
to a police facility in this way. I highly recommend the police
K
they should tighten the security at these premises if that has K
not been done already and I assume it has been.
L L
18. I do state the obvious by saying we do live in a
M dangerous and unstable world, in a world in which authority can M
be targeted even in a hitherto relatively safe city such as Hong
N N
Kong. Also the poor security served you ill, I say that because
had you been prevented from entering into the college, then you
O O
could not have committed that second offence.
P P
19. Moving away from that theme, this is a sad and strange
Q case. You are a man of intelligence, a man of ability, who Q
worked hard to obtain gainful employment and yet your life is
R R
being destroyed by your obsession with the police. And it would
seem that in particular you are obsessed with police uniforms.
S S
It is very difficult to understand and it is clear that you do
T need some treatment. T
U U
CRT31/24.5.2013/SY 4 DCCC 81/2013/Sentence
V V
A A
20. The psychological report is clear and does support my
findings that you did intend to steal police uniforms, almost
B B
certainly, because I do not believe it was your intention to
C take personal property of other people because as you are not a C
common thief. This is not the usual type of burglary committed
D by someone driven by poverty, addiction to drugs or addiction to D
gambling. This is a burglary committed by a man who is a useful
E E
and respected member in the community apart from this problem.
F F
21. I entirely agree with Mr Luk these are to be sentenced
G as non-domestic premises, I mean of course in respect of the G
most serious offence which is Charge 2. I accept the mitigation
H that there was no damage done. There was no attempt for you to H
break though there was an attempt to enter. Also I accept this
I I
being an attempt, nothing was taken and it is to your credit
that when stopped you offered no violence.
J J
K
22. Charge 1, that is the theft, whilst I note that you K
are forgiven by the victim who was magnanimous in that respect,
L however, this is a clear breach of trust. You stole your friend, L
PW1’s warrant card when he was away from Hong Kong at the time
M when you resided in his premises under very favourable M
conditions. It was a cynical theft in that it was taken
N N
specifically with a thought in mind that you would enter into
Aberdeen college more easily and be able to escape should you be
O O
caught, and that is exactly what happened and hence the 3rd
P charge. P
Q 23. Now, I do commend the vigilance and actions of the Q
three recruits. These are the three young men who observed you,
R R
followed you and finally were instrumental in your being
detected and apprehended. And I suggest and ask that
S S
commendation be placed upon their records.
T T
24. I now turn to individual sentences.
U U
CRT31/24.5.2013/SY 5 DCCC 81/2013/Sentence
V V
A A
25. The 2nd charge, that is the one of attempted burglary,
has a starting point of 30 months’ imprisonment. However, given
B B
the facts and mitigation and the unusual nature of this offence,
C I do find that that would be unduly harsh. I make the point that C
this arose from your obsession and also your ability to enter
D into premises when you should not have been allowed to go. D
E E
26. Stand up, please. Charge 1, I take a starting point of
6 months’ imprisonment, reduced to 4 for your plea of guilty.
F F
G 27. Charge 2, of course you are not entitled to any G
discount as you went to trial on that matter. You will go to
H prison on that offence for 18 months. However, that would be H
served concurrently with the period on Charge 1.
I I
28. And in respect of Charge 3, I take a starting point of
J J
1½ months, reduced to 1 month, but that will be served
K
consecutively. That is a total of 19 months’ imprisonment. K
L 29. And I do ask that on the warrant that there be a L
suggestion to the Prison Authorities that you be afforded
M psychological treatment while you are serving your sentence. M
N N
O O
Tallentire
District Judge
P P
Q Q
R R
S S
T T
U U
CRT31/24.5.2013/SY 6 DCCC 81/2013/Sentence
V V
A A
DCCC 81/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 81 OF 2013
C C
----------------------
D D
HKSAR
E v E
Yim Pak-ho, Myron
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 24 May 2013 at 10.44 am
H Present: Mr Terry Wong, Counsel on fiat, for HKSAR H
Mr Luk Wai-hung, Albert, instructed by Hau, Lau, Li &
Yeung, assigned by the Director of Legal Aid, for the
I defendant I
Offence: (1) Theft (盜竊罪)
J (2) Attempted burglary (企圖入屋犯法罪) J
(3) Falsely pretending to be a public officer (假冒公職
K
人員) K
---------------------
L L
Reasons for Sentence
M --------------------- M
N 1. Defendant, you have pleaded guilty to one offence of N
theft, contrary to section 9 of the Theft Ordinance, Cap 210,
O also to one offence of falsely pretending to be a public O
officer, contrary to section 22(1) of the Summary Offences
P P
Ordinance, Cap 228. You admitted the facts and I convicted you
on those facts. However, I also convicted you after trial of one
Q Q
offence of attempted burglary, contrary to sections 11(1)(a) and
R (4) of the Theft Ordinance and section 159G of the Crimes R
Ordinance, Cap 200.
S S
2. The facts are dealt with fully in my reasons for my
T verdict. I therefore deem it unnecessary to deal with them in T
detail at this point yet again.
U U
CRT31/24.5.2013/SY 1 DCCC 81/2013/Sentence
V V
A A
3. Basically what happened is this, you stole the warrant
card of PW1, a senior inspector of police, in whose flat you
B B
resided. When he was abroad, you then went on two occasions to
C Aberdeen Police College. On the second occasion you attempted to C
break into a barrack room in order to steal from there. When you
D were caught, you produced the warrant card and pretended to be D
Senior Inspector of Police Tam in order to get away. You went on
E E
to give another lie as your purpose for being at the college.
F F
4. You admitted to three previous convictions on two
G occasions. The first conviction being one of burglary in which G
you stole police uniforms from a police station. I note that the
H disposal of that case was very lenient indeed. H
I I
5. In view of the bizarre nature of your psychological
condition, I adjourned the case for the preparation of a
J J
psychological report to supplement the one provided by defence
K
and for a probation officer’s background report. The former K
confirms your obsession with the police and in particular with
L police uniforms and the need for psychological treatment. L
M 6. I do note that the psychologist finds that your risk M
of re-offending is assessed as being medium to high. But if I
N N
understand that correctly, that is prior to treatment and not
taking into account the present punishment that will be meted
O O
out.
P P
7. Mr Luk entered mitigation on your behalf. First of
Q all, he told me that the two reports, that is the probation Q
officer’s background report and the psychological report, had
R R
been explained to you and you agreed with those.
S S
8. Mr Luk referred to how initially you had achieved
T little academically at school but eventually worked hard and T
went on to a Bachelor’s degree and then a Master’s degree. He
U went on to remind me that your fondness or obsession with the U
CRT31/24.5.2013/SY 2 DCCC 81/2013/Sentence
V V
A A
police arose from an incident when you were a young boy in which
the police had assisted you when you were lost.
B B
C 9. He referred to the psychological report. He pointed C
out that whilst the risk of re-offending was assessed as medium
D to high, there was a recommendation for treatment, that you were D
perceived as being remorseful and that the effect of your
E E
punishment here would be positive. Also, and this is important,
that you yourself had come to the conclusion that you needed to
F F
obtain treatment for your obsession.
G G
10. Mr Luk then went on to produce six letters. Those
H letters were from PW1, the victim of this case, that of course H
is in respect of the 1st charge, one from yourself and the other
I I
four were from relatives and friends. I have read those letters
and taken them into account when sentencing you.
J J
K
11. In the letter from PW1, it has confirmed what he said K
in court that he has forgiven you for what you have done, that
L it is his intention and hope to stand by you and to assist you L
with your problems which I take it to mean aid with
M rehabilitation. M
N N
12. You extend your apologies and you tell me that you
have actually written to the Aberdeen Police apologizing for
O O
what you did.
P P
13. Mr Luk went on to submit that these were non-domestic
Q premises and ask me to impose a light sentence whilst Q
realistically accepting that prison is inevitable in this case.
R R
14. In mitigation he pointed out that you had not gone
S S
equipped with equipment to break and enter, that no damage had
T been done to any property and nothing had been taken. In fact, T
he submitted there were no aggravating features in this case.
U He also asked me to consider concurrent sentences on the basis U
CRT31/24.5.2013/SY 3 DCCC 81/2013/Sentence
V V
A A
that all three offences were part and parcel of the same course
of conduct. This I take it to mean that all were driven by your
B B
same obsession.
C C
15. He went on to point out that you yourself had no vices
D such as gambling, that whilst you do have a criminal record, D
that is very much related to this type of conduct. He accepted
E E
that you do have a previous conviction for burglary in which you
stole police uniforms and he accepts that the sentence itself of
F F
60 hours’ community service was very lenient. He concluded by
G asking me to be as lenient as I possibly can. G
H 16. I turn now to the sentence. H
I I
17. I must make the point, to begin with, that I am
shocked and appalled that a civilian could so easily gain access
J J
to a police facility in this way. I highly recommend the police
K
they should tighten the security at these premises if that has K
not been done already and I assume it has been.
L L
18. I do state the obvious by saying we do live in a
M dangerous and unstable world, in a world in which authority can M
be targeted even in a hitherto relatively safe city such as Hong
N N
Kong. Also the poor security served you ill, I say that because
had you been prevented from entering into the college, then you
O O
could not have committed that second offence.
P P
19. Moving away from that theme, this is a sad and strange
Q case. You are a man of intelligence, a man of ability, who Q
worked hard to obtain gainful employment and yet your life is
R R
being destroyed by your obsession with the police. And it would
seem that in particular you are obsessed with police uniforms.
S S
It is very difficult to understand and it is clear that you do
T need some treatment. T
U U
CRT31/24.5.2013/SY 4 DCCC 81/2013/Sentence
V V
A A
20. The psychological report is clear and does support my
findings that you did intend to steal police uniforms, almost
B B
certainly, because I do not believe it was your intention to
C take personal property of other people because as you are not a C
common thief. This is not the usual type of burglary committed
D by someone driven by poverty, addiction to drugs or addiction to D
gambling. This is a burglary committed by a man who is a useful
E E
and respected member in the community apart from this problem.
F F
21. I entirely agree with Mr Luk these are to be sentenced
G as non-domestic premises, I mean of course in respect of the G
most serious offence which is Charge 2. I accept the mitigation
H that there was no damage done. There was no attempt for you to H
break though there was an attempt to enter. Also I accept this
I I
being an attempt, nothing was taken and it is to your credit
that when stopped you offered no violence.
J J
K
22. Charge 1, that is the theft, whilst I note that you K
are forgiven by the victim who was magnanimous in that respect,
L however, this is a clear breach of trust. You stole your friend, L
PW1’s warrant card when he was away from Hong Kong at the time
M when you resided in his premises under very favourable M
conditions. It was a cynical theft in that it was taken
N N
specifically with a thought in mind that you would enter into
Aberdeen college more easily and be able to escape should you be
O O
caught, and that is exactly what happened and hence the 3rd
P charge. P
Q 23. Now, I do commend the vigilance and actions of the Q
three recruits. These are the three young men who observed you,
R R
followed you and finally were instrumental in your being
detected and apprehended. And I suggest and ask that
S S
commendation be placed upon their records.
T T
24. I now turn to individual sentences.
U U
CRT31/24.5.2013/SY 5 DCCC 81/2013/Sentence
V V
A A
25. The 2nd charge, that is the one of attempted burglary,
has a starting point of 30 months’ imprisonment. However, given
B B
the facts and mitigation and the unusual nature of this offence,
C I do find that that would be unduly harsh. I make the point that C
this arose from your obsession and also your ability to enter
D into premises when you should not have been allowed to go. D
E E
26. Stand up, please. Charge 1, I take a starting point of
6 months’ imprisonment, reduced to 4 for your plea of guilty.
F F
G 27. Charge 2, of course you are not entitled to any G
discount as you went to trial on that matter. You will go to
H prison on that offence for 18 months. However, that would be H
served concurrently with the period on Charge 1.
I I
28. And in respect of Charge 3, I take a starting point of
J J
1½ months, reduced to 1 month, but that will be served
K
consecutively. That is a total of 19 months’ imprisonment. K
L 29. And I do ask that on the warrant that there be a L
suggestion to the Prison Authorities that you be afforded
M psychological treatment while you are serving your sentence. M
N N
O O
Tallentire
District Judge
P P
Q Q
R R
S S
T T
U U
CRT31/24.5.2013/SY 6 DCCC 81/2013/Sentence
V V