A A
DCCC 705/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 705 OF 2013
C C
----------------------
D D
HKSAR
E v E
Ta Dinh-son
F also known as F
Bui Trong Khoai and
G Ngo Van Thanh G
----------------------
H H
Before: HH Judge Tallentire
Date: 6 September 2013 at 10.37 am
I Present: Ms Clara Ma, PP of the Department of Justice, for I
HKSAR
J Mr Yeung Lung Sang Sam Lennon, of Lennon & Lawyers, J
assigned by the Director of Legal Aid, for the
defendant
K Offence: (1) Attempted theft (企圖盜竊罪) K
(2) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
L L
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 (3) Breach of deportation order (違反遞解離境令) M
---------------------
N N
Reasons for Sentence
O O
---------------------
P P
1. Defendant, you have pleaded guilty to one offence of
Q attempted theft, contrary to section 9 of the Theft Ordinance, Q
Cap 210 and section 159G of the Crimes Ordinance; to one offence
R R
of remaining in Hong Kong unlawfully, contrary to
section 38(1)(b) of the Immigration Ordinance, Cap 115; and to
S S
one offence of breach of deportation order, contrary to
T section 43(1) of that same ordinance. You admitted the Brief T
Facts and I convicted you.
U U
CRT31/6.9.2013/SC 1 DCCC 705/2013/Sentence
V V
A A
2. What happened is this. Referring first to Charge 1,
around 11 pm on 29 May of last, the victim, a 47-year-old
B B
female, was walking along Tong Mei Road and Argyle Street in
C Mongkok alone. You approached her from behind and attempted to C
snatch her necklace which is valued at $4,800. She held onto it
D and shouted “Snatching.” You fled. The chain of the necklace D
was broken as a result but she was uninjured, fortunately.
E E
3. PW2, a male, was passing and saw the incident. He
F F
pursued you into a blind alley and demanded you surrender the
G stolen items. You surrendered your own mobile phone, claiming G
it to be the stolen item. PW2 took it and returned to locate
H PW1. H
I I
4. After PW2 left, you tried to flee but an off-duty
police officer pursued you and subdued you with the assistance
J J
of a passer-by.
K K
5. Under arrest and caution, you admitted to attempting
L to snatch the necklace as you had no money for food. L
M Charges 2 and 3 M
6. In a subsequent video-recorded interview under
N N
caution, you admitted to having sneaked into Hong Kong via
Shenzhen by hiding inside a truck on 28 May last. You also
O O
admitted being subject to a deportation order issued in 1998.
P You claimed that in Vietnam you were assaulted and the P
authorities would not assist you.
Q Q
7. The deportation order was issued on 22 April 1998.
R R
You were last deported to Vietnam on 14 August 2012.
S S
8. You admitted to 20 previous convictions on
T 10 occasions. 13 of those offences were similar to the offences T
before the court today.
U U
CRT31/6.9.2013/SC 2 DCCC 705/2013/Sentence
V V
A A
9. On your behalf, Mr Yeung entered mitigation. He told
me that you are 48 years of age, you are married with two
B B
daughters who were born in 1989 and 1994. The family was
C detained in Whitehead camp, and in 1996 you lost contact with C
your family during a riot. You yourself were deported to
D Vietnam and there you had no residence. It would seem that your D
only relative is your mother who is now 85, frail and sick.
E E
Your subsequent breaches of the deportation order and unlawful
remaining in Hong Kong arose from your attempts to relocate to
F F
your wife and daughters. You have now been told that your
G younger daughter is in Russia, so you will not come again. G
H 10. Mr Yeung said you were remorseful and wanted to return H
to Vietnam as soon as possible to be with your mother in her
I I
final years. Mr Yeung read out a letter from you which
confirmed these facts. Referring to the offence of attempted
J J
theft, he said it was not sophisticated nor premeditated. The
K
victim suffered no loss nor injury. K
L 11. In respect of Charges 2 and 3, he submitted that they L
arose from the same facts, that is, coming here to search for
M your family. He asked for concurrent sentences. He also M
submitted that the court should apply the principle of totality.
N N
12. I turn now to the sentences. Defendant, you are a
O O
persistent offender. 13 of your previous convictions are for
P similar offences to those you face today. Of course, one has P
sympathy for the loss of your family but you cannot go breaching
Q the laws of Hong Kong in order to search for them nor should you Q
do it so consistently. The offences themselves are all simple
R R
in nature. The only aggravating features are in respect of 2
and 3 and that is, as I said, their persistence.
S S
T 13. In respect of the snatching offence, you are lucky T
that the lady was not injured or you could have been facing a
U more serious charge. U
CRT31/6.9.2013/SC 3 DCCC 705/2013/Sentence
V V
A A
14. The following sentences will apply. On Charge 1, I
B B
take a starting point of 18 months’ imprisonment reduced to 12.
C You will go to prison for 12 months. C
D 15. Charge 2, the sentence itself reflects the discount D
for a plea of guilty and you will go to prison for 18 months on
E E
that offence.
F F
16. In respect of the breach of deportation order,
G Charge 3, I take a starting point of 3 years reduced to 2 years. G
That is 24 months.
H H
17. The periods in Charges 1 and 2 will be served
I I
consecutively. However, in respect of Charge 3, I do apply the
principle of totality. That will be served 12 months
J J
concurrently and 12 months consecutively. You will therefore go
K
to prison for 42 months. K
L 18. Finally, I would like to commend the bravery and L
public-spirited nature of the acts of Cheung Chung-shan, PW2,
M who pursued you in order to try to get back what he believed was M
the items you had taken, and also Lai Ka-ho who assisted the
N N
woman police officer in your arrest. Their actions should be
acknowledged by some form of letters sent to them.
O O
P P
Q Q
Tallentire
District Judge
R R
S S
T T
U U
CRT31/6.9.2013/SC 4 DCCC 705/2013/Sentence
V V
A A
DCCC 705/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 705 OF 2013
C C
----------------------
D D
HKSAR
E v E
Ta Dinh-son
F also known as F
Bui Trong Khoai and
G Ngo Van Thanh G
----------------------
H H
Before: HH Judge Tallentire
Date: 6 September 2013 at 10.37 am
I Present: Ms Clara Ma, PP of the Department of Justice, for I
HKSAR
J Mr Yeung Lung Sang Sam Lennon, of Lennon & Lawyers, J
assigned by the Director of Legal Aid, for the
defendant
K Offence: (1) Attempted theft (企圖盜竊罪) K
(2) Remaining in Hong Kong without the authority of
the Director of Immigration after having landed
L L
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 (3) Breach of deportation order (違反遞解離境令) M
---------------------
N N
Reasons for Sentence
O O
---------------------
P P
1. Defendant, you have pleaded guilty to one offence of
Q attempted theft, contrary to section 9 of the Theft Ordinance, Q
Cap 210 and section 159G of the Crimes Ordinance; to one offence
R R
of remaining in Hong Kong unlawfully, contrary to
section 38(1)(b) of the Immigration Ordinance, Cap 115; and to
S S
one offence of breach of deportation order, contrary to
T section 43(1) of that same ordinance. You admitted the Brief T
Facts and I convicted you.
U U
CRT31/6.9.2013/SC 1 DCCC 705/2013/Sentence
V V
A A
2. What happened is this. Referring first to Charge 1,
around 11 pm on 29 May of last, the victim, a 47-year-old
B B
female, was walking along Tong Mei Road and Argyle Street in
C Mongkok alone. You approached her from behind and attempted to C
snatch her necklace which is valued at $4,800. She held onto it
D and shouted “Snatching.” You fled. The chain of the necklace D
was broken as a result but she was uninjured, fortunately.
E E
3. PW2, a male, was passing and saw the incident. He
F F
pursued you into a blind alley and demanded you surrender the
G stolen items. You surrendered your own mobile phone, claiming G
it to be the stolen item. PW2 took it and returned to locate
H PW1. H
I I
4. After PW2 left, you tried to flee but an off-duty
police officer pursued you and subdued you with the assistance
J J
of a passer-by.
K K
5. Under arrest and caution, you admitted to attempting
L to snatch the necklace as you had no money for food. L
M Charges 2 and 3 M
6. In a subsequent video-recorded interview under
N N
caution, you admitted to having sneaked into Hong Kong via
Shenzhen by hiding inside a truck on 28 May last. You also
O O
admitted being subject to a deportation order issued in 1998.
P You claimed that in Vietnam you were assaulted and the P
authorities would not assist you.
Q Q
7. The deportation order was issued on 22 April 1998.
R R
You were last deported to Vietnam on 14 August 2012.
S S
8. You admitted to 20 previous convictions on
T 10 occasions. 13 of those offences were similar to the offences T
before the court today.
U U
CRT31/6.9.2013/SC 2 DCCC 705/2013/Sentence
V V
A A
9. On your behalf, Mr Yeung entered mitigation. He told
me that you are 48 years of age, you are married with two
B B
daughters who were born in 1989 and 1994. The family was
C detained in Whitehead camp, and in 1996 you lost contact with C
your family during a riot. You yourself were deported to
D Vietnam and there you had no residence. It would seem that your D
only relative is your mother who is now 85, frail and sick.
E E
Your subsequent breaches of the deportation order and unlawful
remaining in Hong Kong arose from your attempts to relocate to
F F
your wife and daughters. You have now been told that your
G younger daughter is in Russia, so you will not come again. G
H 10. Mr Yeung said you were remorseful and wanted to return H
to Vietnam as soon as possible to be with your mother in her
I I
final years. Mr Yeung read out a letter from you which
confirmed these facts. Referring to the offence of attempted
J J
theft, he said it was not sophisticated nor premeditated. The
K
victim suffered no loss nor injury. K
L 11. In respect of Charges 2 and 3, he submitted that they L
arose from the same facts, that is, coming here to search for
M your family. He asked for concurrent sentences. He also M
submitted that the court should apply the principle of totality.
N N
12. I turn now to the sentences. Defendant, you are a
O O
persistent offender. 13 of your previous convictions are for
P similar offences to those you face today. Of course, one has P
sympathy for the loss of your family but you cannot go breaching
Q the laws of Hong Kong in order to search for them nor should you Q
do it so consistently. The offences themselves are all simple
R R
in nature. The only aggravating features are in respect of 2
and 3 and that is, as I said, their persistence.
S S
T 13. In respect of the snatching offence, you are lucky T
that the lady was not injured or you could have been facing a
U more serious charge. U
CRT31/6.9.2013/SC 3 DCCC 705/2013/Sentence
V V
A A
14. The following sentences will apply. On Charge 1, I
B B
take a starting point of 18 months’ imprisonment reduced to 12.
C You will go to prison for 12 months. C
D 15. Charge 2, the sentence itself reflects the discount D
for a plea of guilty and you will go to prison for 18 months on
E E
that offence.
F F
16. In respect of the breach of deportation order,
G Charge 3, I take a starting point of 3 years reduced to 2 years. G
That is 24 months.
H H
17. The periods in Charges 1 and 2 will be served
I I
consecutively. However, in respect of Charge 3, I do apply the
principle of totality. That will be served 12 months
J J
concurrently and 12 months consecutively. You will therefore go
K
to prison for 42 months. K
L 18. Finally, I would like to commend the bravery and L
public-spirited nature of the acts of Cheung Chung-shan, PW2,
M who pursued you in order to try to get back what he believed was M
the items you had taken, and also Lai Ka-ho who assisted the
N N
woman police officer in your arrest. Their actions should be
acknowledged by some form of letters sent to them.
O O
P P
Q Q
Tallentire
District Judge
R R
S S
T T
U U
CRT31/6.9.2013/SC 4 DCCC 705/2013/Sentence
V V