DCCC562/2013 HKSAR v.ZHOU CHAI SHING AND ANOTHER - LawHero
DCCC562/2013
HKSAR v.ZHOU CHAI SHING AND ANOTHER
區域法院（刑事）HH Judge Tallentire2/9/2013
DCCC562/2013
A A
DCCC 562/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 562 OF 2013
C C
----------------------
D D
HKSAR
E v E
Zhou Chai-shing (D1)
F Hung Chun-ping (D2) F
G ---------------------- G
Before: HH Judge Tallentire
H Date: 3 September 2013 at 3.35 pm H
Present: Mr Richard Donald, Counsel on fiat, for HKSAR
Mr Wu Kin-ng, Paul, instructed by Alfred Lam, Keung &
I Ko, assigned by the Director of Legal Aid, for the I
1st defendant
J Mr Ma Ming-tak, Stephen, instructed by Cheung, Chan & J
Chung, assigned by the Director of Legal Aid, for the
2nd defendant
K Offence: (1) & (3) Burglary (入屋犯法罪) K
(2), (4) & (5) Remaining in Hong Kong without the
authority of the Director of Immigration after having
L L
landed 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)
M M
---------------------
N N
Reasons for Sentence
O --------------------- O
P 1. D2, you have pleaded guilty to two offences of P
burglary and each contrary to section 11(1)(b) and (4) of the
Q Q
Theft Ordinance, Cap 210, and you have also admitted two
offences of remaining in Hong Kong, having landed unlawfully,
R R
contrary to section 38(1)(b) of the Immigration Ordinance,
S Cap 115. S
T 2. You, D1, have admitted one offence of burglary and one T
offence of unlawful remaining in Hong Kong, contrary to the
U U
relevant legislation as I have already mentioned.
CRT31/3.9.2013/SC 1 DCCC 562/2013/Sentence
V V
A A
3. You have each admitted the Brief Facts and I have
B B
convicted you on each charge.
C C
4. Charge 1 is against you, D2. The land in question is
D Lot No. 19B, Ha Pak Nai, Ping Shan, Yuen Long. It is surrounded D
by a fence 1.6 metres in height, and on this land, there are two
E E
single-storey premises. Both are occupied by the Tsui family,
the parents of Mr Tsui living in one of the units.
F F
G 5. At about 3.27 pm on 14 January last, Mr Tsui’s mother, G
Miss Kam Sau-ching, saw three men running away from the door of
H Tsui’s house. Investigation revealed a broken window with the H
bedroom of Tsui’s house being ransacked. A watch valued at
I I
$5,980 was found missing after the incident.
J J
6. A fingerprint of you, D2, was found on an iPhone
K
carton box in the bedroom. In fact, you, D2, were one of the K
three men who burgled the house.
L L
7. Charge 2, unlawfully remaining against you, D2. D2,
M you previously landed in Hong Kong and remained here unlawfully M
on 14 January of this year when you committed the first offence.
N N
After commission of the offence, you returned to the mainland.
O O
8. Charge 3, burglary against both of you, Defendants.
P Sometime before 3.40 am on 5 March last, Hot Square Brands, a P
shop at No. 23, No. 58 Lee Garden Road, Causeway Bay, was
Q burgled. The burglar alarm was set off. You two and other Q
unknown men were seen carrying large black plastic bags when you
R R
boarded the light goods vehicle. You all left the scene in that
light goods vehicle which is No. NW3791. 43 handbags,
S S
11 wallets, a cosmetic bag, four scarves and one piece of
T accessory valued in total at $2,437,960 were stolen. T
U U
CRT31/3.9.2013/SC 2 DCCC 562/2013/Sentence
V V
A A
9. The LGV, a stolen vehicle, was driven to Kowloon side
where it collided with a road sign at the road junction between
B B
Battery Street and Nanking Street at Yau Ma Tei. You two,
C Defendants, and other unknown men got out of the vehicle and C
tried to flee. You two, Defendants, were arrested by the police
D close to the crash. The others managed to escape. D
E E
10. D1, under caution, you admitted that you had taken
part in the burglary. You stated that there were five of you
F F
involved in the burglary and while waiting outside the shop with
G three black bags, the three other culprits had gone into the G
shop to steal the goods and put them into three black bags. The
H five of you then left. H
I I
11. In a later video-recorded interview, under caution,
you admitted that a friend named Ah Cheong had arranged for you
J J
to come to Hong Kong to find a job, and he had given you a
K
mobile phone and told you to ring a specific number when you K
reached Hong Kong where someone would pick you up. This you did
L and it was arranged for you to take part in this burglary which L
is Charge 3. You expected a reward for your part.
M M
12. Admission under caution by you, D2, in respect of
N N
Charge 3. Under caution, you admitted that the burglary in
Charge 3 was committed by you and you were responsible for
O O
putting the bags into the light goods vehicle.
P P
13. In a later video-recorded interview, under caution,
Q you admitted that a friend, one Lo Sam, in the mainland had Q
invited you to go to Hong Kong and told you that someone in
R R
Hong Kong would arrange a job for you. You would get $10,000
for helping to take some bags. Before the commission of
S S
Charge 3, you received a call from the driver. You were picked
T up in Tsim Sha Tsui and driven to Causeway Bay. The driver T
showed you the shop, and you were told to get the bags then and
U returned to the vehicle. You said you saw one of the culprits U
CRT31/3.9.2013/SC 3 DCCC 562/2013/Sentence
V V
A A
cutting the locks of the shop and putting the cut locks into the
vehicle. You carried a large black bag containing handbags.
B B
There were five of you involved.
C C
14. Charge 4, the unlawfully remaining against you, D1.
D You admitted under caution that you arrived in Hong Kong at D
about 9 am on 4 March 2013 by climbing over the mountain and
E E
unlawfully remaining here.
F F
15. Charge 5, unlawfully remaining against you, D2. Under
G caution, you admitted you unlawfully arrived in Hong Kong at G
about 12.30 am on 3 March by swimming. You remained here
H without the authority of the Director of Immigration. H
I I
16. D1, you are a person of clear record. D2, you
admitted to seven previous convictions on five occasions, five
J J
of which were similar to the 2nd charge and the 5th charge.
K K
17. D1, on your behalf, Mr Wu entered mitigation. He
L stressed your immediate co-operation with the police on arrest L
for Charge 3. This admission was repeated and embellished in a
M later video-recorded interview under caution. Referring to your M
personal circumstances, he told me you are 39 years of age,
N N
single and a hawker in Shenzhen. You are educated to the
equivalent of Hong Kong level form F3. You barely make ends
O O
meet in Shenzhen. You have no siblings and your parents are
P dead. Mr Wu stressed that the premises in respect of Charge 3 P
were commercial premises and that all goods were recovered and
Q returned to their owners. He also stressed your plea of guilty Q
and clear record. He asked me for leniency and to consider
R R
applying the totality principle even though the normal
sentencing policy is to impose the sentences consecutively.
S S
T 18. Mr Ma then entered mitigation for you, D2. He T
stressed your remorse as demonstrated by your plea of guilty and
U co-operation with the police, that the premises in Charge 3 were U
CRT31/3.9.2013/SC 4 DCCC 562/2013/Sentence
V V
A A
commercial premises and all goods were recovered. He said you
agreed with the antecedent report which shows you are 36 years
B B
of age, married with a son of 12; that on your instructions, you
C had indicated from a very early stage that you intended to plead C
guilty. In respect of the premises involved in Charge 1, he
D stressed that whilst these were domestic premises, the offence D
took place in the afternoon, not in the early hours of the
E E
morning.
F F
19. Mr Ma again stressed your plea of guilty and your
G remorse. He asked me to show as much leniency as possible and G
apply the principle of totality.
H H
20. I turn now to the sentences. Common by way of
I I
mitigation to all charges is your plea of guilty and your
co-operation with the police from an early stage. It may have
J J
been purely fortuitous but the fact of the matter is that all
K
goods in respect of Charge 3 were recovered. The common K
aggravating features in respect of Charge 3 especially and in
L respect of Charge 1 are the fact that there was more than one L
perpetrator; In respect of Charge 3, the goods were of
M relatively high value. M
N N
21. D1, you are a man of hitherto clear record. In
respect of you, D2, I do note that you have an appalling record,
O O
especially one for the commission of unlawfully entering and
P remaining in Hong Kong. P
Q 22. The following sentences will be imposed. D1, taking Q
all matters into account, on Charge 3, I take a starting point
R R
of 30 months’ imprisonment reduced to 20 months. Charge 4,
under unlawfully remaining, I will impose the normal sentence of
S S
15 months and that will be imposed consecutively, making a total
T of 35 months’ imprisonment. T
U U
CRT31/3.9.2013/SC 5 DCCC 562/2013/Sentence
V V
A A
23. D2, on the 1st charge, that is burglary of a dwelling
house, I take a starting point of 36 months’ imprisonment
B B
reduced to 24. In respect of Charge 2, you are a persistent
C offender, a recidivist. You have committed this offence many C
times before. Therefore, I will impose a sentence of 21 months’
D imprisonment consecutive. D
E E
24. Charge 3, that being commercial premises, I take a
starting point of 30 months reduced to 20 months. To reflect
F F
the principle of totality, 10 months will be consecutive and
G 10 months concurrent. That makes a sentence of 55 months. G
H 25. And in respect of the final charge being Charge 5, H
again to apply the principle of totality, I will impose a
I I
sentence of 21 months but that will be wholly concurrent. So
you will go to prison for 55 months.
J J
K K
L L
Tallentire
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/3.9.2013/SC 6 DCCC 562/2013/Sentence
V V
A A
DCCC 562/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 562 OF 2013
C C
----------------------
D D
HKSAR
E v E
Zhou Chai-shing (D1)
F Hung Chun-ping (D2) F
G ---------------------- G
Before: HH Judge Tallentire
H Date: 3 September 2013 at 3.35 pm H
Present: Mr Richard Donald, Counsel on fiat, for HKSAR
Mr Wu Kin-ng, Paul, instructed by Alfred Lam, Keung &
I Ko, assigned by the Director of Legal Aid, for the I
1st defendant
J Mr Ma Ming-tak, Stephen, instructed by Cheung, Chan & J
Chung, assigned by the Director of Legal Aid, for the
2nd defendant
K Offence: (1) & (3) Burglary (入屋犯法罪) K
(2), (4) & (5) Remaining in Hong Kong without the
authority of the Director of Immigration after having
L L
landed 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)
M M
---------------------
N N
Reasons for Sentence
O --------------------- O
P 1. D2, you have pleaded guilty to two offences of P
burglary and each contrary to section 11(1)(b) and (4) of the
Q Q
Theft Ordinance, Cap 210, and you have also admitted two
offences of remaining in Hong Kong, having landed unlawfully,
R R
contrary to section 38(1)(b) of the Immigration Ordinance,
S Cap 115. S
T 2. You, D1, have admitted one offence of burglary and one T
offence of unlawful remaining in Hong Kong, contrary to the
U U
relevant legislation as I have already mentioned.
CRT31/3.9.2013/SC 1 DCCC 562/2013/Sentence
V V
A A
3. You have each admitted the Brief Facts and I have
B B
convicted you on each charge.
C C
4. Charge 1 is against you, D2. The land in question is
D Lot No. 19B, Ha Pak Nai, Ping Shan, Yuen Long. It is surrounded D
by a fence 1.6 metres in height, and on this land, there are two
E E
single-storey premises. Both are occupied by the Tsui family,
the parents of Mr Tsui living in one of the units.
F F
G 5. At about 3.27 pm on 14 January last, Mr Tsui’s mother, G
Miss Kam Sau-ching, saw three men running away from the door of
H Tsui’s house. Investigation revealed a broken window with the H
bedroom of Tsui’s house being ransacked. A watch valued at
I I
$5,980 was found missing after the incident.
J J
6. A fingerprint of you, D2, was found on an iPhone
K
carton box in the bedroom. In fact, you, D2, were one of the K
three men who burgled the house.
L L
7. Charge 2, unlawfully remaining against you, D2. D2,
M you previously landed in Hong Kong and remained here unlawfully M
on 14 January of this year when you committed the first offence.
N N
After commission of the offence, you returned to the mainland.
O O
8. Charge 3, burglary against both of you, Defendants.
P Sometime before 3.40 am on 5 March last, Hot Square Brands, a P
shop at No. 23, No. 58 Lee Garden Road, Causeway Bay, was
Q burgled. The burglar alarm was set off. You two and other Q
unknown men were seen carrying large black plastic bags when you
R R
boarded the light goods vehicle. You all left the scene in that
light goods vehicle which is No. NW3791. 43 handbags,
S S
11 wallets, a cosmetic bag, four scarves and one piece of
T accessory valued in total at $2,437,960 were stolen. T
U U
CRT31/3.9.2013/SC 2 DCCC 562/2013/Sentence
V V
A A
9. The LGV, a stolen vehicle, was driven to Kowloon side
where it collided with a road sign at the road junction between
B B
Battery Street and Nanking Street at Yau Ma Tei. You two,
C Defendants, and other unknown men got out of the vehicle and C
tried to flee. You two, Defendants, were arrested by the police
D close to the crash. The others managed to escape. D
E E
10. D1, under caution, you admitted that you had taken
part in the burglary. You stated that there were five of you
F F
involved in the burglary and while waiting outside the shop with
G three black bags, the three other culprits had gone into the G
shop to steal the goods and put them into three black bags. The
H five of you then left. H
I I
11. In a later video-recorded interview, under caution,
you admitted that a friend named Ah Cheong had arranged for you
J J
to come to Hong Kong to find a job, and he had given you a
K
mobile phone and told you to ring a specific number when you K
reached Hong Kong where someone would pick you up. This you did
L and it was arranged for you to take part in this burglary which L
is Charge 3. You expected a reward for your part.
M M
12. Admission under caution by you, D2, in respect of
N N
Charge 3. Under caution, you admitted that the burglary in
Charge 3 was committed by you and you were responsible for
O O
putting the bags into the light goods vehicle.
P P
13. In a later video-recorded interview, under caution,
Q you admitted that a friend, one Lo Sam, in the mainland had Q
invited you to go to Hong Kong and told you that someone in
R R
Hong Kong would arrange a job for you. You would get $10,000
for helping to take some bags. Before the commission of
S S
Charge 3, you received a call from the driver. You were picked
T up in Tsim Sha Tsui and driven to Causeway Bay. The driver T
showed you the shop, and you were told to get the bags then and
U returned to the vehicle. You said you saw one of the culprits U
CRT31/3.9.2013/SC 3 DCCC 562/2013/Sentence
V V
A A
cutting the locks of the shop and putting the cut locks into the
vehicle. You carried a large black bag containing handbags.
B B
There were five of you involved.
C C
14. Charge 4, the unlawfully remaining against you, D1.
D You admitted under caution that you arrived in Hong Kong at D
about 9 am on 4 March 2013 by climbing over the mountain and
E E
unlawfully remaining here.
F F
15. Charge 5, unlawfully remaining against you, D2. Under
G caution, you admitted you unlawfully arrived in Hong Kong at G
about 12.30 am on 3 March by swimming. You remained here
H without the authority of the Director of Immigration. H
I I
16. D1, you are a person of clear record. D2, you
admitted to seven previous convictions on five occasions, five
J J
of which were similar to the 2nd charge and the 5th charge.
K K
17. D1, on your behalf, Mr Wu entered mitigation. He
L stressed your immediate co-operation with the police on arrest L
for Charge 3. This admission was repeated and embellished in a
M later video-recorded interview under caution. Referring to your M
personal circumstances, he told me you are 39 years of age,
N N
single and a hawker in Shenzhen. You are educated to the
equivalent of Hong Kong level form F3. You barely make ends
O O
meet in Shenzhen. You have no siblings and your parents are
P dead. Mr Wu stressed that the premises in respect of Charge 3 P
were commercial premises and that all goods were recovered and
Q returned to their owners. He also stressed your plea of guilty Q
and clear record. He asked me for leniency and to consider
R R
applying the totality principle even though the normal
sentencing policy is to impose the sentences consecutively.
S S
T 18. Mr Ma then entered mitigation for you, D2. He T
stressed your remorse as demonstrated by your plea of guilty and
U co-operation with the police, that the premises in Charge 3 were U
CRT31/3.9.2013/SC 4 DCCC 562/2013/Sentence
V V
A A
commercial premises and all goods were recovered. He said you
agreed with the antecedent report which shows you are 36 years
B B
of age, married with a son of 12; that on your instructions, you
C had indicated from a very early stage that you intended to plead C
guilty. In respect of the premises involved in Charge 1, he
D stressed that whilst these were domestic premises, the offence D
took place in the afternoon, not in the early hours of the
E E
morning.
F F
19. Mr Ma again stressed your plea of guilty and your
G remorse. He asked me to show as much leniency as possible and G
apply the principle of totality.
H H
20. I turn now to the sentences. Common by way of
I I
mitigation to all charges is your plea of guilty and your
co-operation with the police from an early stage. It may have
J J
been purely fortuitous but the fact of the matter is that all
K
goods in respect of Charge 3 were recovered. The common K
aggravating features in respect of Charge 3 especially and in
L respect of Charge 1 are the fact that there was more than one L
perpetrator; In respect of Charge 3, the goods were of
M relatively high value. M
N N
21. D1, you are a man of hitherto clear record. In
respect of you, D2, I do note that you have an appalling record,
O O
especially one for the commission of unlawfully entering and
P remaining in Hong Kong. P
Q 22. The following sentences will be imposed. D1, taking Q
all matters into account, on Charge 3, I take a starting point
R R
of 30 months’ imprisonment reduced to 20 months. Charge 4,
under unlawfully remaining, I will impose the normal sentence of
S S
15 months and that will be imposed consecutively, making a total
T of 35 months’ imprisonment. T
U U
CRT31/3.9.2013/SC 5 DCCC 562/2013/Sentence
V V
A A
23. D2, on the 1st charge, that is burglary of a dwelling
house, I take a starting point of 36 months’ imprisonment
B B
reduced to 24. In respect of Charge 2, you are a persistent
C offender, a recidivist. You have committed this offence many C
times before. Therefore, I will impose a sentence of 21 months’
D imprisonment consecutive. D
E E
24. Charge 3, that being commercial premises, I take a
starting point of 30 months reduced to 20 months. To reflect
F F
the principle of totality, 10 months will be consecutive and
G 10 months concurrent. That makes a sentence of 55 months. G
H 25. And in respect of the final charge being Charge 5, H
again to apply the principle of totality, I will impose a
I I
sentence of 21 months but that will be wholly concurrent. So
you will go to prison for 55 months.
J J
K K
L L
Tallentire
District Judge
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/3.9.2013/SC 6 DCCC 562/2013/Sentence
V V