A A
DCCC35/2009
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 35 OF 2009 C
D
---------------------- D
HKSAR
E E
v.
F Hui Man-pow F
G ---------------------- G
Before: H H Judge S. D’Almada Remedios
H Date: 11 March 2009 at 10.47 am H
Present: Ms Memi Mee-wah Chan, SPP of the Department of
Justice, for HKSAR
I Mr Chan Chi-man, instructed by Francis Kong & Co., for I
the Defendant
J Offence: Dropping an object from a building, etc. (自建築物掉下物 J
體等罪項)
K Reasons for Sentence K
L L
1. Defendant, you have pleaded guilty to two charges
M
before this court. The 1st charge is that of dropping an object M
from a building, contrary to section 4B(1) of the Summary
N Offences Ordinance; and the second offence is that of arson N
being reckless as to whether life would be endangered, contrary
O to sections 60(2) and (3) and 63(1) of the Crimes Ordinance. O
Both offences were committed on 14 November 2008 and at the same
P P
time the premises at Room B, 2nd Floor in No. 153 Wuhu Street,
Hunghom, Kowloon.
Q Q
R 2. In the early hours of 14 November, at approximately R
2.30 am, a tenant of Room C of the same premises heard a loud
S bang sound outside her window. Having checked outside her S
window, she saw that the air-conditioner of Room B had fallen
T T
onto the alley beneath the flat. At about 3.10 am that morning,
the same lady, the other occupant of the premises, Madam Cheung,
U U
CRT33/11.3.2009/SC 1 DCCC35/2009/Sentence
V V
A A
was woken by an explosion. Room B was on fire. Madam Cheung
immediately left her room and called the police.
B B
C 3. The fire brigade arrived soon afterwards and the fire C
was put out. The premises in question were damaged and the
D economic loss caused by the fire was estimated to be about D
HK$70,000.
E E
4. At about 6.15 am that morning, in the rear alley,
F F
police officers found you, the defendant, lingering and staring
G at the burnt flat. Upon inquiry, you stated that you were the G
tenant of Room B. Under caution, you admitted having set fire to
H the curtain inside Room B and having pushed the air-conditioner H
inside Room B down into the alley. You said under caution that
I I
you had just consumed drugs prior to doing this, and upon
arriving home to your flat at Room B at about 2 am, you found
J J
the room hot and dark. You tried to turn on the light and the
K
air-conditioner, but all your attempts failed, and as a result, K
you became angry and pushed the air-conditioner downstairs. You
L then set fire to the curtain with a lighter. As the room was on L
fire, you were scared and fled. A few hours later, you returned
M to the scene and were arrested. M
N N
5. Mr Chan, counsel, has mitigated on your behalf on the
last occasion and again today. Prior to sentencing you today, I
O O
called for a full range of reports on you, those being a
P probation officer’s report, two psychiatrists’ reports, a P
psychologist’s report and a drug addiction treatment centre
Q report. I informed you that all sentencing options were open and Q
that by calling these reports, it was no indication of any
R R
sentence I could pass. I indicated that I was of the view that
the offences were serious and particularly the second offence of
S S
arson.
T T
6. In short, Mr Chan has said that the reason for your
U commission of these offences was a result of your having taken U
CRT33/11.3.2009/SC 2 DCCC35/2009/Sentence
V V
A A
drugs, and you were unable to think properly, and after this
event, this incident, you were admitted to Queen Mary Hospital
B B
and you were diagnosed to have suffered from a schizophrenia
C disorder. C
D 7. The reports are very detailed and I have taken into D
account all the contents of those reports. The drug addiction
E E
treatment centre report, the medical officer states you are not
a drug dependent and therefore are considered not suitable for
F F
admission to a drug addiction treatment centre.
G G
8. The psychiatrists’ reports do not recommend hospital
H orders but recommend that you continue with outpatient H
psychiatric assistance. The psychologist also recommends
I I
providing you with psychological intervention, helping you
enhance your problem-solving abilities and your interpersonal
J J
relationships. The probation officer recommends that on a
K
marginal basis, to help you rehabilitate, a probation order of K
18 months.
L L
9. Mr Chan has submitted to the court that the only
M viable option for this court and to give you a chance to M
rehabilitate is one of a probation order.
N N
10. Defendant, you are 32 years of age, are the youngest
O O
amongst four siblings although you have one twin brother. The
P majority of your family are in court today supporting you, save P
for your father. It appears that prior to commission of this
Q offence, you had a distant relationship with your family Q
members, and you had harboured much negative feeling to your
R R
poor family relationship. However, after the commission of this
offence, you appear to have changed your attitude and so has
S S
your family and you have certainly become closer. It appears
T your relationship with your family is now at a stage where you T
are both starting anew.
U U
CRT33/11.3.2009/SC 3 DCCC35/2009/Sentence
V V
A A
11. You have shown to the probation officer a keen
motivation to change, and you have agreed that you will focus on
B B
family counselling and psychiatric and receive counsel for
C psychiatric matters and go on a drug detoxification treatment C
programme.
D D
12. It appears that the psychiatrists have explained that
E E
you have been diagnosed with a drug-induced psychosis when you
had committed these offences. It was said that the doctors say
F F
you were hearing voices at the time. As a result of hearing
G these voices, you committed these offences. Since then, however, G
you have a stable mood and are no longer hearing imaginary
H voices or showing signs of mental disturbance. H
I I
13. You are a person of clear record. This is your first
offence. Save for your drug problems and some interpersonal
J J
relationship problem with your previous girlfriend, you have
K
been leading a law-abiding life, but I see have had some K
problems with gambling. As I mentioned, I consider these
L offences, particularly the 2nd charge of arson, to be serious. L
But in view of your clear record, your motivation to start anew,
M that you are 32 years of age, I am prepared to pass a sentence M
upon you which is a rehabilitative one, and that rehabilitative
N N
sentence will be one of a probation order.
O O
14. Mr Chan tells me that you are agreeable to be placed
P on probation. Can you confirm that with me, please? P
DEFENDANT: I am willing to.
Q Q
15. Right. Okay. Therefore, Defendant, I sentence you to
R R
18 months of probation, and you shall abide by the following
special requirements. You shall be of good behaviour and keep
S S
the peace, abstain from all kinds of dangerous drugs, submit to
T random urine samples for tests as directed by the supervising T
probation officer, receive drug detoxification treatment
U programme and other related rehabilitation activities as U
CRT33/11.3.2009/SC 4 DCCC35/2009/Sentence
V V
A A
directed, receive psychiatric and psychological treatment as
directed, and abide by all the usual orders, that is, to keep in
B B
contact with your probation officer and to inform your probation
C officer of any change of address. C
D 16. Now, the drug detoxification treatment programme is D
the one as stated in the probation report at the Ling Oi Centre
E E
which is a residential drug detoxification programme. This, as
Mr Chan has rightly pointed out and submitted on the last
F F
occasion, you had found and which is a 12-month residential
G programme, of which you would be required to reside there. G
H 17. Now, let me now explain to you a breach of this H
probation order. Defendant, if you breach any of the conditions
I I
of probation, for example, if you take drugs or if you do not
satisfy the full treatment programme or commit any offence
J J
during this 18-month period, you will be in breach of this
K
probation order. On breach of this probation order, you will be K
brought back to this court and this court will deal with you for
L your breach of your probation order, that is, the court may L
re-sentence you for these two offences again and/or deal with
M any new offence which you have committed. M
N N
18. It is likely, Defendant, I warn you now that this case
is a very marginal case for probation. If you do come back for a
O O
breach of probation order, the options open to this court in
P respect of sentence is very, very limited. And as I think I P
should advise you, warn you now that it is likely that the only
Q other sentence open to me may well be a sentence of Q
imprisonment. Do you understand?
R R
DEFENDANT: Understand.
S S
19. All right. So that is 18-month probation on both
T charges. T
U
(S. D’Almada Remedios) U
District Judge
CRT33/11.3.2009/SC 5 DCCC35/2009/Sentence
V V
A A
DCCC35/2009
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 35 OF 2009 C
D
---------------------- D
HKSAR
E E
v.
F Hui Man-pow F
G ---------------------- G
Before: H H Judge S. D’Almada Remedios
H Date: 11 March 2009 at 10.47 am H
Present: Ms Memi Mee-wah Chan, SPP of the Department of
Justice, for HKSAR
I Mr Chan Chi-man, instructed by Francis Kong & Co., for I
the Defendant
J Offence: Dropping an object from a building, etc. (自建築物掉下物 J
體等罪項)
K Reasons for Sentence K
L L
1. Defendant, you have pleaded guilty to two charges
M
before this court. The 1st charge is that of dropping an object M
from a building, contrary to section 4B(1) of the Summary
N Offences Ordinance; and the second offence is that of arson N
being reckless as to whether life would be endangered, contrary
O to sections 60(2) and (3) and 63(1) of the Crimes Ordinance. O
Both offences were committed on 14 November 2008 and at the same
P P
time the premises at Room B, 2nd Floor in No. 153 Wuhu Street,
Hunghom, Kowloon.
Q Q
R 2. In the early hours of 14 November, at approximately R
2.30 am, a tenant of Room C of the same premises heard a loud
S bang sound outside her window. Having checked outside her S
window, she saw that the air-conditioner of Room B had fallen
T T
onto the alley beneath the flat. At about 3.10 am that morning,
the same lady, the other occupant of the premises, Madam Cheung,
U U
CRT33/11.3.2009/SC 1 DCCC35/2009/Sentence
V V
A A
was woken by an explosion. Room B was on fire. Madam Cheung
immediately left her room and called the police.
B B
C 3. The fire brigade arrived soon afterwards and the fire C
was put out. The premises in question were damaged and the
D economic loss caused by the fire was estimated to be about D
HK$70,000.
E E
4. At about 6.15 am that morning, in the rear alley,
F F
police officers found you, the defendant, lingering and staring
G at the burnt flat. Upon inquiry, you stated that you were the G
tenant of Room B. Under caution, you admitted having set fire to
H the curtain inside Room B and having pushed the air-conditioner H
inside Room B down into the alley. You said under caution that
I I
you had just consumed drugs prior to doing this, and upon
arriving home to your flat at Room B at about 2 am, you found
J J
the room hot and dark. You tried to turn on the light and the
K
air-conditioner, but all your attempts failed, and as a result, K
you became angry and pushed the air-conditioner downstairs. You
L then set fire to the curtain with a lighter. As the room was on L
fire, you were scared and fled. A few hours later, you returned
M to the scene and were arrested. M
N N
5. Mr Chan, counsel, has mitigated on your behalf on the
last occasion and again today. Prior to sentencing you today, I
O O
called for a full range of reports on you, those being a
P probation officer’s report, two psychiatrists’ reports, a P
psychologist’s report and a drug addiction treatment centre
Q report. I informed you that all sentencing options were open and Q
that by calling these reports, it was no indication of any
R R
sentence I could pass. I indicated that I was of the view that
the offences were serious and particularly the second offence of
S S
arson.
T T
6. In short, Mr Chan has said that the reason for your
U commission of these offences was a result of your having taken U
CRT33/11.3.2009/SC 2 DCCC35/2009/Sentence
V V
A A
drugs, and you were unable to think properly, and after this
event, this incident, you were admitted to Queen Mary Hospital
B B
and you were diagnosed to have suffered from a schizophrenia
C disorder. C
D 7. The reports are very detailed and I have taken into D
account all the contents of those reports. The drug addiction
E E
treatment centre report, the medical officer states you are not
a drug dependent and therefore are considered not suitable for
F F
admission to a drug addiction treatment centre.
G G
8. The psychiatrists’ reports do not recommend hospital
H orders but recommend that you continue with outpatient H
psychiatric assistance. The psychologist also recommends
I I
providing you with psychological intervention, helping you
enhance your problem-solving abilities and your interpersonal
J J
relationships. The probation officer recommends that on a
K
marginal basis, to help you rehabilitate, a probation order of K
18 months.
L L
9. Mr Chan has submitted to the court that the only
M viable option for this court and to give you a chance to M
rehabilitate is one of a probation order.
N N
10. Defendant, you are 32 years of age, are the youngest
O O
amongst four siblings although you have one twin brother. The
P majority of your family are in court today supporting you, save P
for your father. It appears that prior to commission of this
Q offence, you had a distant relationship with your family Q
members, and you had harboured much negative feeling to your
R R
poor family relationship. However, after the commission of this
offence, you appear to have changed your attitude and so has
S S
your family and you have certainly become closer. It appears
T your relationship with your family is now at a stage where you T
are both starting anew.
U U
CRT33/11.3.2009/SC 3 DCCC35/2009/Sentence
V V
A A
11. You have shown to the probation officer a keen
motivation to change, and you have agreed that you will focus on
B B
family counselling and psychiatric and receive counsel for
C psychiatric matters and go on a drug detoxification treatment C
programme.
D D
12. It appears that the psychiatrists have explained that
E E
you have been diagnosed with a drug-induced psychosis when you
had committed these offences. It was said that the doctors say
F F
you were hearing voices at the time. As a result of hearing
G these voices, you committed these offences. Since then, however, G
you have a stable mood and are no longer hearing imaginary
H voices or showing signs of mental disturbance. H
I I
13. You are a person of clear record. This is your first
offence. Save for your drug problems and some interpersonal
J J
relationship problem with your previous girlfriend, you have
K
been leading a law-abiding life, but I see have had some K
problems with gambling. As I mentioned, I consider these
L offences, particularly the 2nd charge of arson, to be serious. L
But in view of your clear record, your motivation to start anew,
M that you are 32 years of age, I am prepared to pass a sentence M
upon you which is a rehabilitative one, and that rehabilitative
N N
sentence will be one of a probation order.
O O
14. Mr Chan tells me that you are agreeable to be placed
P on probation. Can you confirm that with me, please? P
DEFENDANT: I am willing to.
Q Q
15. Right. Okay. Therefore, Defendant, I sentence you to
R R
18 months of probation, and you shall abide by the following
special requirements. You shall be of good behaviour and keep
S S
the peace, abstain from all kinds of dangerous drugs, submit to
T random urine samples for tests as directed by the supervising T
probation officer, receive drug detoxification treatment
U programme and other related rehabilitation activities as U
CRT33/11.3.2009/SC 4 DCCC35/2009/Sentence
V V
A A
directed, receive psychiatric and psychological treatment as
directed, and abide by all the usual orders, that is, to keep in
B B
contact with your probation officer and to inform your probation
C officer of any change of address. C
D 16. Now, the drug detoxification treatment programme is D
the one as stated in the probation report at the Ling Oi Centre
E E
which is a residential drug detoxification programme. This, as
Mr Chan has rightly pointed out and submitted on the last
F F
occasion, you had found and which is a 12-month residential
G programme, of which you would be required to reside there. G
H 17. Now, let me now explain to you a breach of this H
probation order. Defendant, if you breach any of the conditions
I I
of probation, for example, if you take drugs or if you do not
satisfy the full treatment programme or commit any offence
J J
during this 18-month period, you will be in breach of this
K
probation order. On breach of this probation order, you will be K
brought back to this court and this court will deal with you for
L your breach of your probation order, that is, the court may L
re-sentence you for these two offences again and/or deal with
M any new offence which you have committed. M
N N
18. It is likely, Defendant, I warn you now that this case
is a very marginal case for probation. If you do come back for a
O O
breach of probation order, the options open to this court in
P respect of sentence is very, very limited. And as I think I P
should advise you, warn you now that it is likely that the only
Q other sentence open to me may well be a sentence of Q
imprisonment. Do you understand?
R R
DEFENDANT: Understand.
S S
19. All right. So that is 18-month probation on both
T charges. T
U
(S. D’Almada Remedios) U
District Judge
CRT33/11.3.2009/SC 5 DCCC35/2009/Sentence
V V