區域法院（刑事）Deputy District Judge KH Cheang29/5/2024[2024] HKDC 853
DCCC753/2023
A A
B B
DCCC 753/2023
C [2024] HKDC 853 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 753 OF 2023
F F
G ----------------------------- G
HKSAR
H H
v
I LEE TSZ LUNG I
-----------------------------
J J
K Before: Deputy District Judge KH Cheang in Court K
Date: 30 May 2024
L L
Present: Mr Wong Choi Ming, Peter, Public Prosecutor, for
M HKSAR/Director of Public Prosecutions M
Mr Donald Richard D, Counsel, instructed by Jal N Karbhari
N N
& Co, for the defendant
O Offence: False imprisonment (非法禁錮) O
P P
-----------------------------------------
Q Q
REASONS FOR SENTENCE
R
----------------------------------------- R
S S
T T
U U
V V
-2-
A A
B B
INTRODUCTION
C C
1. The defendant is convicted upon his own guilty plea of one
D D
charge of false imprisonment, contrary to Common Law and punishable
E under section 101I of the Criminal Procedure Ordinance, Cap 221, Laws E
of Hong Kong.
F F
G FACTS G
H H
2. At the material time, the victim (“PW1”), Miss Ng (“PW2”),
I Mr Ho and Mr Tang were former colleagues of a car beauty company. I
PW1 was also Mr Ho’s former girlfriend.
J J
K 3. At about 10:04 pm on 7 March 2023, PW1 was working alone K
at a garage situated at Kam Tin Road, Pat Heung, Yuen Long, New
L L
Territories (the “Garage”). A private car (“V1”) and a 7-seater vehicle
M (“V2”) drove into the Garage. Four men got off from V1 and V2. Two M
other men also walked into the Garage. As such, there were a total of six
N N
men (the “Men”) appeared at the Garage.
O O
4. One of the Men (“M1”) asked PW1 whether she was called
P P
(“Ah Co”). PW1 replied in the affirmative. M1 then asked PW1 to get on
Q V1. PW1 asked M1 what was going on but M1 insisted that PW1 got on Q
V1 first. PW1 was scared.
R R
S S
T T
U U
V V
-3-
A A
B B
5. After PW1 got on V1 unwillingly, she found that Mr Tang
C was already in V1. C
D D
6. Two of the Men also got on V1 and asked PW1 to close her
E eyes and lower her head. E
F F
7. V1 was subsequently driven off. About 2 to 3 minutes later,
G PW1 felt scared and secretly asked PW2 via WhatsApp to make a report to G
the police. PW1 also sent her location to PW2 via WhatsApp.
H H
I 8. About 20 minutes later, the Men asked PW1 and Mr Tang to I
get off V1 and lower their heads. PW1 and Mr Tang complied. One of the
J J
Men (“M2”) asked PW1 to surrender her mobile phone to him. PW1
K immediately complied. K
L L
9. A few minutes later, the Men asked PW1 and Mr Tang to get
M on V1 and close their eyes again. PW1 and Mr Tang complied unwillingly. M
V1 was driven off again.
N N
O 10. A few minutes later, the Men asked PW1 and Mr Tang to get O
off V1, lower their heads and follow them. PW1 and Mr Tang complied
P P
unwillingly.
Q Q
11. After having walked for about 10 minutes, PW1, Mr Tang and
R R
the Men went into a hut (the “Hut”). M1 then asked PW1 and Mr Tang to
S kneel down. M1 also asked PW1 and Mr Tang to write a debt note. M1 S
said Mr Ho owed them HK$390,000 and they could not locate him.
T T
U U
V V
-4-
A A
B B
12. Meanwhile, police received PW2’s report and called Mr
C Tang’s mobile phone in order to locate him. Mr Tang answered the call, C
passed his mobile phone to PW1 and told PW1 that the police were looking
D D
for her. In the phone call, the police asked PW1 to indicate whether she
E was safe or not. PW1 said she was not safe. E
F F
13. After PW1 had finished the phone call, M1 asked PW1
G whether she had reported the matter to the police. PW1 answered in the G
affirmative. The Men then returned PW1’s mobile phone to her and asked
H H
PW1 to get on V1. PW1 got on V1 in which there were several men
I already. I
J J
14. V1 was subsequently driven off. At about 11:52 pm on the
K same day while PW1 was inside V1, she informed PW2 via WhatsApp that K
she was safe. After about 5 minutes, the men in V1 let PW1 get off V1.
L L
PW1 then got off V1 and ran towards Tai Wo Village.
M M
15. At about 12:50 am on 8 March 2023, PW1 was located by the
N N
police near Tai Wo Village.
O O
16. The defendant was arrested by the police on 23 March 2023.
P P
In a cautioned video-recorded interview, the defendant said, inter alia, that:
Q Q
(1) V1 was borrowed by him and he was the only person
R R
who had the car key;
S S
T T
U U
V V
-5-
A A
B B
(2) At about 7 pm on 7 March 2023, his friend Alan called
C him and asked him out to have dinner at Kowloon City; C
D D
(3) He drove V1 to pick up Alan and two friends of Alan;
E E
(4) Alan later directed him to drive to the Garage;
F F
G (5) He and Alan arrived at the Garage at about 10 pm; G
H H
(6) Alan got off V1 and spoke to PW1;
I I
(7) Alan and PW1 then got on V1;
J J
K (8) Alan subsequently directed him to drive V1 to the Hut; K
and
L L
M (9) After knowing that someone had made a report to the M
police, he and Alan left the Hut.
N N
O 17. CCTV footages of the Garage showed the following: O
P P
(1) At about 10:06 pm on 7 March 2023, V1 was driven
Q into the Garage; Q
R R
(2) The defendant and another man got off from V1. They
S then approached PW1; S
T T
U U
V V
-6-
A A
B B
(3) At about 10:07 pm, V2 was driven into the Garage. A
C man got off V2. Another man got off from V1. Two C
other men walked into the Garage. There were a total
D D
of 6 men in the Garage;
E E
(4) At about 10:09 pm, PW1, the defendant and one of the
F F
six men got on V1 which was subsequently driven off.
G G
DEFENDANT’S BACKGROUND AND PREVIOUS CRIMINAL RECORD
H H
I 18. The defendant was born in September 1991 and is now 32 I
years old. He has received education up to Form 5 level. He used to work
J J
as a construction foreman for 8 years making a monthly income of
K HK$25,000 to HK$30,000. He is married with no kids. K
L L
19. The defendant has one previous conviction of being a member
M of a triad society, for which a community service order of 80 hours was M
imposed on him in November 2009.
N N
O MITIGATION O
P P
20. Mr Donald submitted that:
Q Q
(1) The defendant became involved in this case when a
R R
friend arranged to meet up with him for dinner. The
S friend asked the defendant to assist as the defendant had S
a car, and the defendant agreed. This was something
T T
that was “sprung on him at the last moment”;
U U
V V
-7-
A A
B B
C (2) The defendant was not involved in any of the pre- C
planning that went on. He became involved at a very
D D
late stage and he found himself in a position of being
E too late to withdraw; E
F F
(3) The defendant’s role was simply driving one of the
G three cars; G
H H
(4) There was no violence, torture, humiliation, weapons,
I restraining devices or threats involved in this case. I
There was no triad involvement either;
J J
K (5) PW1 was initially allowed to retain possession of her K
mobile phone; and
L L
M (6) The length of false imprisonment was very short. M
N N
21. Mr Donald referred this Court to the following cases and
O suggested a starting point of between 24 and 30 months’ imprisonment: O
P P
• HKSAR v SO Tang-fat CACC 183/1997
Q
• HKSAR v YAU Chun-man DCCC 840/2008 Q
R
• HKSAR v CHAN Sai-tong DCCC 989/2009 R
• HKSAR v TANG Tsz-yeung DCCC 375 & 785/2010
S S
• HKSAR v LEE Ka-wai DCCC 874/2018
T T
U U
V V
-8-
A A
B B
• HKSAR v MAROOF Ashar & others DCCC 434/2023
C • HKSAR v TRAN Van Tu DCCC 105/2022 C
D D
22. Mitigation letters from the defendant himself, his wife,
E mother and employers were submitted asking for leniency. E
F F
SENTENCE
G G
23. In R v Leon Drummond Miller [2021] EWCA 1863, Spencer
H H
J said:
I I
“14. It is accepted that in accessing (sic) the gravity of cases
J of false imprisonment, the relevant factors will include the J
length of the detention, the circumstances of the detention,
including location and any method of restraint, the extent of any
K K
violence used, the involvement of weapons, whether demands
are made of others, whether threats were made to others, the
L effect on the victim and on others, the extent of any planning, L
the number of offenders involved, whether there was the use of
torture or humiliation, whether what was done arose from or in
M further (sic) of previous criminal behavior and any particularly M
(sic) vulnerability of the victim whether by reason of age or
N otherwise.” N
O 24. In the present case, I note that: O
P P
(1) Six men appeared at the Garage at night to make PW1,
Q a lone woman at the Garage, leave with them; Q
R R
(2) PW1 complied with the Men’s instructions unwillingly
S and was scared; S
T T
U U
V V
-9-
A A
B B
(3) PW1 and Mr Tang were made to write IOUs when it
C was not PW1 or Mr Tang who owed them any money; C
D D
(4) No weapon was used. There was no evidence of
E violence, threats or humiliation. PW1 and Mr Tang E
were not restrained. However, I am sure PW1
F F
succumbed to the Men’s instructions because she was
G outnumbered by them; G
H H
(5) PW1’s mobile phone was initially not taken away by
I the Men. However, I am sure it was not because they I
meant to allow her to use the mobile phone but because
J J
they forgot to deprive her of her means to communicate
K with others by mobile phone; and K
L L
(6) The length of false imprisonment was not very long.
M M
25. Further, I do not accept the mitigation that it was too late for
N N
the defendant to withdraw from his friend’s scheme – there is no evidence
O that he was forced or pressurized to do what he did. O
P P
26. Having carefully considered the circumstances of this case
Q and the mitigation advanced by Mr Donald, I adopt a starting point of 2½ Q
years’ imprisonment.
R R
S S
T T
U U
V V
- 10 -
A A
B B
27. I give 1/3 discount to the defendant for his timely indication
C of guilty plea. There being no further valid mitigating factors justifying C
further reduction in sentence , the defendant is sentenced to 20 months’
1
D D
imprisonment.
E E
F F
G ( KH Cheang ) G
Deputy District Judge
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
1
The health conditions of the defendant’s mother and younger sister are not valid mitigating factors.
U U
V V
A A
B B
DCCC 753/2023
C [2024] HKDC 853 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 753 OF 2023
F F
G ----------------------------- G
HKSAR
H H
v
I LEE TSZ LUNG I
-----------------------------
J J
K Before: Deputy District Judge KH Cheang in Court K
Date: 30 May 2024
L L
Present: Mr Wong Choi Ming, Peter, Public Prosecutor, for
M HKSAR/Director of Public Prosecutions M
Mr Donald Richard D, Counsel, instructed by Jal N Karbhari
N N
& Co, for the defendant
O Offence: False imprisonment (非法禁錮) O
P P
-----------------------------------------
Q Q
REASONS FOR SENTENCE
R
----------------------------------------- R
S S
T T
U U
V V
-2-
A A
B B
INTRODUCTION
C C
1. The defendant is convicted upon his own guilty plea of one
D D
charge of false imprisonment, contrary to Common Law and punishable
E under section 101I of the Criminal Procedure Ordinance, Cap 221, Laws E
of Hong Kong.
F F
G FACTS G
H H
2. At the material time, the victim (“PW1”), Miss Ng (“PW2”),
I Mr Ho and Mr Tang were former colleagues of a car beauty company. I
PW1 was also Mr Ho’s former girlfriend.
J J
K 3. At about 10:04 pm on 7 March 2023, PW1 was working alone K
at a garage situated at Kam Tin Road, Pat Heung, Yuen Long, New
L L
Territories (the “Garage”). A private car (“V1”) and a 7-seater vehicle
M (“V2”) drove into the Garage. Four men got off from V1 and V2. Two M
other men also walked into the Garage. As such, there were a total of six
N N
men (the “Men”) appeared at the Garage.
O O
4. One of the Men (“M1”) asked PW1 whether she was called
P P
(“Ah Co”). PW1 replied in the affirmative. M1 then asked PW1 to get on
Q V1. PW1 asked M1 what was going on but M1 insisted that PW1 got on Q
V1 first. PW1 was scared.
R R
S S
T T
U U
V V
-3-
A A
B B
5. After PW1 got on V1 unwillingly, she found that Mr Tang
C was already in V1. C
D D
6. Two of the Men also got on V1 and asked PW1 to close her
E eyes and lower her head. E
F F
7. V1 was subsequently driven off. About 2 to 3 minutes later,
G PW1 felt scared and secretly asked PW2 via WhatsApp to make a report to G
the police. PW1 also sent her location to PW2 via WhatsApp.
H H
I 8. About 20 minutes later, the Men asked PW1 and Mr Tang to I
get off V1 and lower their heads. PW1 and Mr Tang complied. One of the
J J
Men (“M2”) asked PW1 to surrender her mobile phone to him. PW1
K immediately complied. K
L L
9. A few minutes later, the Men asked PW1 and Mr Tang to get
M on V1 and close their eyes again. PW1 and Mr Tang complied unwillingly. M
V1 was driven off again.
N N
O 10. A few minutes later, the Men asked PW1 and Mr Tang to get O
off V1, lower their heads and follow them. PW1 and Mr Tang complied
P P
unwillingly.
Q Q
11. After having walked for about 10 minutes, PW1, Mr Tang and
R R
the Men went into a hut (the “Hut”). M1 then asked PW1 and Mr Tang to
S kneel down. M1 also asked PW1 and Mr Tang to write a debt note. M1 S
said Mr Ho owed them HK$390,000 and they could not locate him.
T T
U U
V V
-4-
A A
B B
12. Meanwhile, police received PW2’s report and called Mr
C Tang’s mobile phone in order to locate him. Mr Tang answered the call, C
passed his mobile phone to PW1 and told PW1 that the police were looking
D D
for her. In the phone call, the police asked PW1 to indicate whether she
E was safe or not. PW1 said she was not safe. E
F F
13. After PW1 had finished the phone call, M1 asked PW1
G whether she had reported the matter to the police. PW1 answered in the G
affirmative. The Men then returned PW1’s mobile phone to her and asked
H H
PW1 to get on V1. PW1 got on V1 in which there were several men
I already. I
J J
14. V1 was subsequently driven off. At about 11:52 pm on the
K same day while PW1 was inside V1, she informed PW2 via WhatsApp that K
she was safe. After about 5 minutes, the men in V1 let PW1 get off V1.
L L
PW1 then got off V1 and ran towards Tai Wo Village.
M M
15. At about 12:50 am on 8 March 2023, PW1 was located by the
N N
police near Tai Wo Village.
O O
16. The defendant was arrested by the police on 23 March 2023.
P P
In a cautioned video-recorded interview, the defendant said, inter alia, that:
Q Q
(1) V1 was borrowed by him and he was the only person
R R
who had the car key;
S S
T T
U U
V V
-5-
A A
B B
(2) At about 7 pm on 7 March 2023, his friend Alan called
C him and asked him out to have dinner at Kowloon City; C
D D
(3) He drove V1 to pick up Alan and two friends of Alan;
E E
(4) Alan later directed him to drive to the Garage;
F F
G (5) He and Alan arrived at the Garage at about 10 pm; G
H H
(6) Alan got off V1 and spoke to PW1;
I I
(7) Alan and PW1 then got on V1;
J J
K (8) Alan subsequently directed him to drive V1 to the Hut; K
and
L L
M (9) After knowing that someone had made a report to the M
police, he and Alan left the Hut.
N N
O 17. CCTV footages of the Garage showed the following: O
P P
(1) At about 10:06 pm on 7 March 2023, V1 was driven
Q into the Garage; Q
R R
(2) The defendant and another man got off from V1. They
S then approached PW1; S
T T
U U
V V
-6-
A A
B B
(3) At about 10:07 pm, V2 was driven into the Garage. A
C man got off V2. Another man got off from V1. Two C
other men walked into the Garage. There were a total
D D
of 6 men in the Garage;
E E
(4) At about 10:09 pm, PW1, the defendant and one of the
F F
six men got on V1 which was subsequently driven off.
G G
DEFENDANT’S BACKGROUND AND PREVIOUS CRIMINAL RECORD
H H
I 18. The defendant was born in September 1991 and is now 32 I
years old. He has received education up to Form 5 level. He used to work
J J
as a construction foreman for 8 years making a monthly income of
K HK$25,000 to HK$30,000. He is married with no kids. K
L L
19. The defendant has one previous conviction of being a member
M of a triad society, for which a community service order of 80 hours was M
imposed on him in November 2009.
N N
O MITIGATION O
P P
20. Mr Donald submitted that:
Q Q
(1) The defendant became involved in this case when a
R R
friend arranged to meet up with him for dinner. The
S friend asked the defendant to assist as the defendant had S
a car, and the defendant agreed. This was something
T T
that was “sprung on him at the last moment”;
U U
V V
-7-
A A
B B
C (2) The defendant was not involved in any of the pre- C
planning that went on. He became involved at a very
D D
late stage and he found himself in a position of being
E too late to withdraw; E
F F
(3) The defendant’s role was simply driving one of the
G three cars; G
H H
(4) There was no violence, torture, humiliation, weapons,
I restraining devices or threats involved in this case. I
There was no triad involvement either;
J J
K (5) PW1 was initially allowed to retain possession of her K
mobile phone; and
L L
M (6) The length of false imprisonment was very short. M
N N
21. Mr Donald referred this Court to the following cases and
O suggested a starting point of between 24 and 30 months’ imprisonment: O
P P
• HKSAR v SO Tang-fat CACC 183/1997
Q
• HKSAR v YAU Chun-man DCCC 840/2008 Q
R
• HKSAR v CHAN Sai-tong DCCC 989/2009 R
• HKSAR v TANG Tsz-yeung DCCC 375 & 785/2010
S S
• HKSAR v LEE Ka-wai DCCC 874/2018
T T
U U
V V
-8-
A A
B B
• HKSAR v MAROOF Ashar & others DCCC 434/2023
C • HKSAR v TRAN Van Tu DCCC 105/2022 C
D D
22. Mitigation letters from the defendant himself, his wife,
E mother and employers were submitted asking for leniency. E
F F
SENTENCE
G G
23. In R v Leon Drummond Miller [2021] EWCA 1863, Spencer
H H
J said:
I I
“14. It is accepted that in accessing (sic) the gravity of cases
J of false imprisonment, the relevant factors will include the J
length of the detention, the circumstances of the detention,
including location and any method of restraint, the extent of any
K K
violence used, the involvement of weapons, whether demands
are made of others, whether threats were made to others, the
L effect on the victim and on others, the extent of any planning, L
the number of offenders involved, whether there was the use of
torture or humiliation, whether what was done arose from or in
M further (sic) of previous criminal behavior and any particularly M
(sic) vulnerability of the victim whether by reason of age or
N otherwise.” N
O 24. In the present case, I note that: O
P P
(1) Six men appeared at the Garage at night to make PW1,
Q a lone woman at the Garage, leave with them; Q
R R
(2) PW1 complied with the Men’s instructions unwillingly
S and was scared; S
T T
U U
V V
-9-
A A
B B
(3) PW1 and Mr Tang were made to write IOUs when it
C was not PW1 or Mr Tang who owed them any money; C
D D
(4) No weapon was used. There was no evidence of
E violence, threats or humiliation. PW1 and Mr Tang E
were not restrained. However, I am sure PW1
F F
succumbed to the Men’s instructions because she was
G outnumbered by them; G
H H
(5) PW1’s mobile phone was initially not taken away by
I the Men. However, I am sure it was not because they I
meant to allow her to use the mobile phone but because
J J
they forgot to deprive her of her means to communicate
K with others by mobile phone; and K
L L
(6) The length of false imprisonment was not very long.
M M
25. Further, I do not accept the mitigation that it was too late for
N N
the defendant to withdraw from his friend’s scheme – there is no evidence
O that he was forced or pressurized to do what he did. O
P P
26. Having carefully considered the circumstances of this case
Q and the mitigation advanced by Mr Donald, I adopt a starting point of 2½ Q
years’ imprisonment.
R R
S S
T T
U U
V V
- 10 -
A A
B B
27. I give 1/3 discount to the defendant for his timely indication
C of guilty plea. There being no further valid mitigating factors justifying C
further reduction in sentence , the defendant is sentenced to 20 months’
1
D D
imprisonment.
E E
F F
G ( KH Cheang ) G
Deputy District Judge
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
1
The health conditions of the defendant’s mother and younger sister are not valid mitigating factors.
U U
V V