A A
DCCC 653/2013
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 653 OF 2013 C
D
---------------------- D
HKSAR
E E
v
F Zhao Desheng F
G ---------------------- G
Before: HH Judge S D’Almada Remedios
H Date: 22 August 2013 at 12 noon H
Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR
Mr Lau Chun-yuen, of J Chan, Yip, So & Partners,
I assigned by the Director of Legal Aid, for the I
defendant
J Offence: (1) Robbery (搶劫罪) J
(2) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
K K
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)
L L
M --------------------- M
Reasons for Sentence
N N
---------------------
O O
1. Defendant, you have pleaded guilty to two charges
P P
before this court. The 1st charge is that of robbery, contrary
to section 10 of the Theft Ordinance. The 2nd charge is that of
Q Q
unlawful remaining in Hong Kong, contrary to section 38(1)(b) of
R the Immigration Ordinance. R
S 2. On 28 May 2013, at about 9.20 pm, the victim of the S
robbery, a Madam Choi who was aged 57 was waiting alone at a
T public light bus stand at Wong Nai Chung Road in Happy Valley. T
Whilst standing there you suddenly grabbed her from behind and
U U
used your right hand to cover her mouth, at the same time you
CRT33/22.8.2013/SY 1 DCCC 653/2013/Sentence
V V
A A
snatched her iPad with force. She tried to resist your snatching
of it but failed. During the struggle, she lost her balance,
B B
taking advantage of that, you then further snatched away her
C handbag. C
D 3. She had many personal belongings in her handbag which D
are listed in the charge. They were valued at about $14,000.
E E
4. After snatching her belongings, you then fled. She
F F
chased after you shouting, “Robbery!” Quite fortunately,
G passers-by who were nearby heard Madam Choi screaming and saw G
you running away. They therefore gave chase. During the chase
H you disposed of Madam Choi’s property. One of the passers-by H
picked up her property and quite fortuitously you were then
I I
subdued by other passers-by.
J J
5. The robbery was immediately reported to the police and
K
you were identified by Madam Choi as the person who had robbed K
her.
L L
6. Upon arrest and caution, you admitted to committing
M this robbery. M
N N
7. You also admitted that you had sneaked into Hong Kong
for the purposes of finding employment and that you had robbed
O O
Madam Choi of her handbag as you had no money for food.
P P
8. Madam Choi was taken to hospital for medical treatment
Q but discharged on the same day with medical findings of bruising Q
on her upper lip, right thumb and left forearm.
R R
9. As to the charge of unlawful remaining in Hong Kong,
S S
you had sneaked into Hong Kong on board a boat from Shenzhen on
T 17 May 2013. T
U U
CRT33/22.8.2013/SY 2 DCCC 653/2013/Sentence
V V
A A
10. Mr Billy Lau has made very detailed and thorough
mitigation on your behalf. He has very carefully and diligently
B B
prepared the mitigation which has been submitted to me in
C writing. I have taken into account and I have considered all the C
contents.
D D
11. You are 42 years of age. You have appeared once before
E E
in courts in Hong Kong which resulted in two previous
convictions, one similar to unlawful remaining in Hong Kong, and
F F
one related to dishonesty which was theft. In September 2010 you
G were sentenced to 15 months’ imprisonment. G
H 12. You are married with two children, aged 8 and 7 years. H
You are educated up to Primary 5. As regards your background, at
I I
the age of 28 you learnt to be a cook and had been in that
profession for some time. You had gone to Shenzhen for work. In
J J
2010 a friend introduced you to come to Hong Kong to work as a
K
renovation worker, and that is when you committed the above K
offences.
L L
13. After your discharge from prison in Hong Kong in May
M 2011, you returned to your hometown and worked on the farm. You M
then had some work in Shenzhen. However as a result of looking
N N
after your frail mother for some time you lost your job and
became unemployed. As you were unemployed, another friend of
O O
yours again told you to come to Hong Kong to work illegally. So
P you decided to come to Hong Kong on 17 May. P
Q 14. However it is your case that during the time you were Q
in Hong Kong, you actually did not find any employment. Worse
R R
still on 22 May you had your rucksack with your money and mobile
phone stolen. In a nutshell, as a result of you not having any
S S
money and being hungry, you resorted to committing this offence
T of robbery. T
U U
CRT33/22.8.2013/SY 3 DCCC 653/2013/Sentence
V V
A A
15. Mr Lau has referred me quite properly to cases in his
submissions in respect of sentences of robbery and the well-
B B
known case of So Man King for unlawful remaining in Hong Kong.
C C
16. There is no tariff for unarmed robbery. But as I am
D sure you have been well advised, it is a very serious offence. D
In the present case, the lady that you had robbed was fairly
E E
elderly, 57 years of age. She was alone standing there waiting
for a minibus as any other citizen would do. You applied a
F F
little physical violence on her which resulted in injuries to
G her lips, thumb and forearm. There course of violence used on G
her resulted in her losing her balance. I have no doubt that
H this would have caused her extreme fright and would have become H
very scared from your actions.
I I
17. The courts have clearly laid down that this is a very
J J
serious offence which warrants deterrence. It would not
K
incorrect to impose a sentence of 4 years’ imprisonment had you K
been convicted after trial.
L L
18. Defendant, I do consider that sentence to be
M appropriate in this present case of robbery. Giving you full M
credit for your plea of guilty, that term shall be reduced to 2
N N
years and 8 months’ imprisonment.
O O
19. For the unlawful remaining in Hong Kong charge 2, this
P is your second offence in Hong Kong. However, despite it being P
your second offence, I would still consider a term of 15 months
Q in prison to be appropriate. Q
R R
20. Given the overall totality of sentence that will be
imposed, as Mr Lau correctly pointed out, the Court of Appeal
S S
have laid down time and time again that for illegal immigrants
T committing other offences together with the unlawful remaining T
charge those sentences should run consecutive to each other
U offence. In those circumstances, the sentence on Charge 2 of 15 U
CRT33/22.8.2013/SY 4 DCCC 653/2013/Sentence
V V
A A
months’ imprisonment shall run wholly consecutive to Charge 1,
making a total term of 47 months’ imprisonment or 3 years and 11
B B
months’ imprisonment to which you shall be so sentenced.
C C
D D
E E
(S. D’Almada Remedios)
District Judge
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT33/22.8.2013/SY 5 DCCC 653/2013/Sentence
V V
A A
DCCC 653/2013
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 653 OF 2013 C
D
---------------------- D
HKSAR
E E
v
F Zhao Desheng F
G ---------------------- G
Before: HH Judge S D’Almada Remedios
H Date: 22 August 2013 at 12 noon H
Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR
Mr Lau Chun-yuen, of J Chan, Yip, So & Partners,
I assigned by the Director of Legal Aid, for the I
defendant
J Offence: (1) Robbery (搶劫罪) J
(2) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
K K
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)
L L
M --------------------- M
Reasons for Sentence
N N
---------------------
O O
1. Defendant, you have pleaded guilty to two charges
P P
before this court. The 1st charge is that of robbery, contrary
to section 10 of the Theft Ordinance. The 2nd charge is that of
Q Q
unlawful remaining in Hong Kong, contrary to section 38(1)(b) of
R the Immigration Ordinance. R
S 2. On 28 May 2013, at about 9.20 pm, the victim of the S
robbery, a Madam Choi who was aged 57 was waiting alone at a
T public light bus stand at Wong Nai Chung Road in Happy Valley. T
Whilst standing there you suddenly grabbed her from behind and
U U
used your right hand to cover her mouth, at the same time you
CRT33/22.8.2013/SY 1 DCCC 653/2013/Sentence
V V
A A
snatched her iPad with force. She tried to resist your snatching
of it but failed. During the struggle, she lost her balance,
B B
taking advantage of that, you then further snatched away her
C handbag. C
D 3. She had many personal belongings in her handbag which D
are listed in the charge. They were valued at about $14,000.
E E
4. After snatching her belongings, you then fled. She
F F
chased after you shouting, “Robbery!” Quite fortunately,
G passers-by who were nearby heard Madam Choi screaming and saw G
you running away. They therefore gave chase. During the chase
H you disposed of Madam Choi’s property. One of the passers-by H
picked up her property and quite fortuitously you were then
I I
subdued by other passers-by.
J J
5. The robbery was immediately reported to the police and
K
you were identified by Madam Choi as the person who had robbed K
her.
L L
6. Upon arrest and caution, you admitted to committing
M this robbery. M
N N
7. You also admitted that you had sneaked into Hong Kong
for the purposes of finding employment and that you had robbed
O O
Madam Choi of her handbag as you had no money for food.
P P
8. Madam Choi was taken to hospital for medical treatment
Q but discharged on the same day with medical findings of bruising Q
on her upper lip, right thumb and left forearm.
R R
9. As to the charge of unlawful remaining in Hong Kong,
S S
you had sneaked into Hong Kong on board a boat from Shenzhen on
T 17 May 2013. T
U U
CRT33/22.8.2013/SY 2 DCCC 653/2013/Sentence
V V
A A
10. Mr Billy Lau has made very detailed and thorough
mitigation on your behalf. He has very carefully and diligently
B B
prepared the mitigation which has been submitted to me in
C writing. I have taken into account and I have considered all the C
contents.
D D
11. You are 42 years of age. You have appeared once before
E E
in courts in Hong Kong which resulted in two previous
convictions, one similar to unlawful remaining in Hong Kong, and
F F
one related to dishonesty which was theft. In September 2010 you
G were sentenced to 15 months’ imprisonment. G
H 12. You are married with two children, aged 8 and 7 years. H
You are educated up to Primary 5. As regards your background, at
I I
the age of 28 you learnt to be a cook and had been in that
profession for some time. You had gone to Shenzhen for work. In
J J
2010 a friend introduced you to come to Hong Kong to work as a
K
renovation worker, and that is when you committed the above K
offences.
L L
13. After your discharge from prison in Hong Kong in May
M 2011, you returned to your hometown and worked on the farm. You M
then had some work in Shenzhen. However as a result of looking
N N
after your frail mother for some time you lost your job and
became unemployed. As you were unemployed, another friend of
O O
yours again told you to come to Hong Kong to work illegally. So
P you decided to come to Hong Kong on 17 May. P
Q 14. However it is your case that during the time you were Q
in Hong Kong, you actually did not find any employment. Worse
R R
still on 22 May you had your rucksack with your money and mobile
phone stolen. In a nutshell, as a result of you not having any
S S
money and being hungry, you resorted to committing this offence
T of robbery. T
U U
CRT33/22.8.2013/SY 3 DCCC 653/2013/Sentence
V V
A A
15. Mr Lau has referred me quite properly to cases in his
submissions in respect of sentences of robbery and the well-
B B
known case of So Man King for unlawful remaining in Hong Kong.
C C
16. There is no tariff for unarmed robbery. But as I am
D sure you have been well advised, it is a very serious offence. D
In the present case, the lady that you had robbed was fairly
E E
elderly, 57 years of age. She was alone standing there waiting
for a minibus as any other citizen would do. You applied a
F F
little physical violence on her which resulted in injuries to
G her lips, thumb and forearm. There course of violence used on G
her resulted in her losing her balance. I have no doubt that
H this would have caused her extreme fright and would have become H
very scared from your actions.
I I
17. The courts have clearly laid down that this is a very
J J
serious offence which warrants deterrence. It would not
K
incorrect to impose a sentence of 4 years’ imprisonment had you K
been convicted after trial.
L L
18. Defendant, I do consider that sentence to be
M appropriate in this present case of robbery. Giving you full M
credit for your plea of guilty, that term shall be reduced to 2
N N
years and 8 months’ imprisonment.
O O
19. For the unlawful remaining in Hong Kong charge 2, this
P is your second offence in Hong Kong. However, despite it being P
your second offence, I would still consider a term of 15 months
Q in prison to be appropriate. Q
R R
20. Given the overall totality of sentence that will be
imposed, as Mr Lau correctly pointed out, the Court of Appeal
S S
have laid down time and time again that for illegal immigrants
T committing other offences together with the unlawful remaining T
charge those sentences should run consecutive to each other
U offence. In those circumstances, the sentence on Charge 2 of 15 U
CRT33/22.8.2013/SY 4 DCCC 653/2013/Sentence
V V
A A
months’ imprisonment shall run wholly consecutive to Charge 1,
making a total term of 47 months’ imprisonment or 3 years and 11
B B
months’ imprisonment to which you shall be so sentenced.
C C
D D
E E
(S. D’Almada Remedios)
District Judge
F F
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT33/22.8.2013/SY 5 DCCC 653/2013/Sentence
V V