A A
DCCC1023/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1023 OF 2009
C C
----------------------
D D
HKSAR
E v. E
Meng Min
F F
----------------------
G G
Before: H H Judge S. D’Almada Remedios
Date: 10 November 2009 at 11.20 am
H Present: Ms Memi Mee-wah Ng, SPP of the Department of Justice, H
for HKSAR
Mr Joseph Pang Ping-kwan, of Joseph P K Pang & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Possession of arms without a licence (無牌管有槍械) J
(2) Possession of ammunition without a licence (無牌管有
彈藥)
K K
(3) Possession of a prohibited weapon (管有違禁武器)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to three charges
O
before me. The charges all relate to the same date, 3 June 2009, O
at the same place, that is Room 2421, Hing Shing House, Tai Hing
P Estate, Tuen Mun, New Territories. P
Q 2. The first charge is one of possession of arms without Q
a licence, contrary to section 13(1) and (2) of the Firearms and
R R
Ammunition Ordinance, Cap.238, in that you had in your
possession one stun gun without a licence.
S S
T 3. The second charge relates to possession of ammunition T
without a licence, contrary to section 13(1) and (2) of the
U U
CRT33/10.11.2009/LT 1 DCCC1023/2009/Sentence
V V
A A
same, and in that charge you had various bullets and cartridges,
to which I will refer later in the facts.
B B
C 4. The third charge relates to possession of a prohibited C
weapon, contrary to section 4 of the Weapons Ordinance, Cap.217,
D and that weapon concerned a knuckleduster. D
E E
5. On 3 June at about 4.30 pm, police officers executed a
search warrant at your mother’s house in Tuen Mun. That searched
F F
was conducted in the presence of yourself and your mother.
G G
6. The police found an electric stun gun (E1) inside a
H plastic drawer located at the balcony, which is the subject of H
Charge 1. They also found three cartridge cases in 7.62 by 25
I I
millimetre calibre with one 7.62 millimetre calibre bullet
inserted in each of their case mouths (E2) inside a spectacles
J J
case found inside a plastic drawer located at the living room.
K
They also found inside that spectacles case four live rounds of K
ammunition in .22 LR calibre (E3); eight live rounds of blank
L cartridges consistent with those designed for use in a L
cartridge-operated fixing tool (E4); 10 live rounds of blank
M cartridges consistent with those designed for use in a M
cartridge-operated fixing tool (E5), all of those being the
N N
subject matter of Charge 2. They then found the metal
knuckleduster inside a plastic drawer located inside the living
O O
room. They also found a number of imitation guns and ammunition
P inside the flat. P
Q 7. Defendant, upon arrest and under caution, you admitted Q
that all those items belonged to you and not your mother, that
R R
is inclusive of the imitation guns and ammunition.
S S
8. Under caution, you said you purchased Exhibits 1 to 6
T as well as the other imitation guns from a shop in Wah Keung T
Street, Shenzhen. You then brought E1 to E6 to Hong Kong on
U several occasions. The last occasion was in March 2008, when you U
CRT33/10.11.2009/LT 2 DCCC1023/2009/Sentence
V V
A A
brought the stun gun to Hong Kong. You possessed the stun gun
for self-defence since you had a tattoo on your arm and you were
B B
scared that you might be bullied by the triad members in Hong
C Kong or in the mainland. You possessed the ammunition, E2 to E5, C
for your personal collection as you were a member of the air
D force in the Mainland between 1982 and 1986 and you were D
interested in guns. You possessed the knuckleduster for your own
E E
use as you used it to practice Kung Fu at home.
F F
9. As to the stun gun, the witness statement and report
G were submitted to the court. The average peak to peak pulsating G
voltage generated was 90,094 volts.
H H
10. The ammunition was examined. E2 could not be
I I
discharged in any firearm because of its current condition. E3
was suitable to be discharged in like firearms, such as a Smith
J J
and Wesson Model 17 revolver. E4 and E5 were blank cartridges
K
consistent with those designed for use in a cartridge-operated K
fixing tool, and E6 was a commercially produced knuckleduster.
L L
11. Your solicitor, Mr Pang, has mitigated fully on your
M behalf. I have taken into account all that he has had to say. M
As a result of his mitigation advanced on the last occasion, I
N N
was concerned as he had told me that you were severely injured
some 20 years ago in war by having 29 wounds all over your body
O O
and still had a bullet shell inside your head. My observation
P was that if you were so severely wounded by ammunition of this P
type and by these guns, why is it then did you keep these type
Q of things as your hobby or habit to collect? I therefore called Q
for a Background Report, a psychologist’s report and a
R R
psychiatric report.
S S
12. I have taken into account what has been said in those
T reports, for which your solicitor, Mr Pang, tells me you have T
agreed to all the contents.
U U
CRT33/10.11.2009/LT 3 DCCC1023/2009/Sentence
V V
A A
13. You are 43 years of age and of clear record. You were
born in Mainland China and had come to Hong Kong on a Two-way
B B
Permit Visa to visit your mother, who is living in Hong Kong.
C You were a soldier in the army for 4 years from 1982 to 1986, a C
policeman in Beijing between 1986 and 1989, and have been in the
D computer repair business since 1989. Your father was a national D
senior space engineer until he was tragically killed as a result
E E
of an accident with experiments in 1977. Your mother was a
medical doctor in China but she married and came to Hong Kong
F F
and now practices as a Chinese medicine practitioner.
G G
14. I am informed that you stopped studying at a young age
H because you had lost your father and did not want to burden your H
family in their finances. You therefore joined the military
I I
service. In that time, you had fought in the battle between
China and Vietnam. You had suffered a head injury due to a mine
J J
explosion. You then left the army and joined the police force.
K
Since 1989 you have worked in the field of computer business. K
You have run your own business in the computer business and earn
L about 30,000 Renminbi a month. L
M 15. Since your stepfather passed away in 1995 you have M
come to visit your mother regularly, once or twice a year, and
N N
stay with her each time for one or two months.
O O
16. It is your mitigation that you had these arms and
P ammunition and prohibited weapon in your possession because you P
had developed an interest in collecting them as a hobby as
Q during your service in the army you conceived an interest in Q
firearms.
R R
17. The psychologist and psychiatric report say that you
S S
were diagnosed with post-traumatic stress disorder and no
T inpatient treatment is needed psychiatrically. As to the T
psychologist’s report, the need of psychological intervention is
U U
CRT33/10.11.2009/LT 4 DCCC1023/2009/Sentence
V V
A A
also not required at this juncture and your risk of re-offending
is low.
B B
C 18. Although you had developed this post-traumatic stress C
disorder soon after the war some 20 years’ ago, these symptoms
D have shown remission over the past two decades, i.e., 20 years. D
The psychologist says that he is impressed that you have largely
E E
recovered from your disorder though you still have some fears
about wars and relevant stimuli. You kept this stun gun,
F F
ammunition and range of military collectables to ensure your
G safety and enhance your sense of security. G
H 19. I am informed in the report that most of these H
collections were kept by you in Beijing. However, you had thrown
I I
away a lot of your military collection, as your girlfriend, who
is living with you in Beijing, did not like it. However, you
J J
kept some and took those to Hong Kong and kept it at your
K
mother’s home. K
L 20. You said that it was as a result of the ignorance of L
the law in Hong Kong that you became involved in this offence
M because in China it was legal to possess these arms and M
ammunition.
N N
21. I accept that you were a collector of these arms and
O O
ammunition. You did say that the stun gun was for self-defence.
P This, as stated, was brought to Hong Kong in 2008. That was P
about a year ago. It was kept at your mother’s home in a drawer.
Q It was therefore unlikely to get into the hands of anyone else. Q
I accept that it was not intended to harm anyone.
R R
22. As I am sure you have been informed, however, these
S S
offences are very serious offences and warrant immediate
T custodial sentences. T
U U
CRT33/10.11.2009/LT 5 DCCC1023/2009/Sentence
V V
A A
23. In respect of stun guns, the cases to which I refer to
are Yung Ting Chun, CACC164/1999; Lai Chi Fai, CACC408/1995; Fan
B B
Kwok Wai, CACC264/2005; and Li Hung Kwan [2003] 1 HKLRD 204.
C Clearly, in the case of Li Hung Kwan, the court there said that C
there were no tariffs for this offence. The sentence to be
D imposed for possession of this type of weapon depends very much D
on the circumstances of the individual case. Important
E E
considerations which can arise are, firstly, the power of the
weapon, that is, what level of voltage it is capable of
F F
discharging; and secondly, whether there is evidence the
G offender or some other person may use the weapon for an unlawful G
purpose or to facilitate an unlawful activity.
H H
24. This is comparatively, to the cases I have cited, a
I I
very powerful weapon, almost three times the power of the other
stun guns mentioned in those cases. In Li Hung Kwan, the voltage
J J
was 35,000; in Fan Kwok Wai, the voltage of the three separate
K
guns were 20,000, 10,000 and 13,000 respectively; and in Lai Chi K
Fai, the voltage was 4,800, so in this case comparatively a
L very, very much more powerful weapon. L
M 25. Taking into account those factors but recognising that M
the stun gun was kept at your mother’s house in a drawer and
N N
there being no direct evidence that you would use the weapon for
an unlawful purpose or to facilitate an unlawful activity, save
O O
for the fact that you said that you had brought this gun to Hong
P Kong for self-defence against triad members in Hong Kong should P
you be bullied, I consider a starting point of 3 years’
Q imprisonment after trial to be appropriate. I reduce that term Q
to one of 2 years’ imprisonment, giving you full credit for your
R R
plea of guilty.
S S
26. As to the second charge of ammunition, I refer to the
T case of R v Man Hung Pui, CACC222/1992. Some of the ammunition T
in your possession was live and some was incapable of being
U fired by a pistol. I accept that these were in your possession U
CRT33/10.11.2009/LT 6 DCCC1023/2009/Sentence
V V
A A
for your personal collection and that there was no evidence that
you intended or it was going to be used. In that instance, I
B B
take a starting point of 3 years’ imprisonment and also reduce
C that term to 2 years’ imprisonment, giving you full credit for C
your plea of guilty.
D D
27. As for the knuckleduster, you said that you had that
E E
in your possession to practice martial arts. I am not sure how
this particular type of lethal weapon used for fighting can be
F F
practised, and I have grave reservations that this was how it
G was to be used by you. G
H 28. I have to say that in respect of support or documents H
evidencing, although you have told me as well as all the
I I
psychiatrists, psychologists and probation officer about your
background in the army and your injuries, there are no
J J
certificates or documents supporting your injuries and/or your
K
service in the army or police. Despite my request to your K
solicitor to see any supporting documents, he told me that they
L were all in Beijing and you were unable to get them here to Hong L
Kong. I just say for the record that it surprises me that if you
M did suffer such severe injuries and had served in the army that M
you can have nothing before me to show that that is the case.
N N
Nevertheless, I accept that you had served in the army and that
is how you conceived your interest in firearms.
O O
P 29. For the knuckleduster, I take a starting point of P
6 weeks’ imprisonment and reduce that to one of 4 weeks’
Q imprisonment, giving you full credit for your plea of guilty. Q
R R
30. I take into account the principle of totality for
these three offences and consider that a sentence of 2 years and
S S
2 months’ imprisonment is appropriate.
T T
31. In the circumstances, 2 months of Charge 2 shall be
U served consecutively to Charge 1 and the remaining terms of U
CRT33/10.11.2009/LT 7 DCCC1023/2009/Sentence
V V
A A
Charge 2 and 3 shall be served concurrently to all other
charges.
B B
C 32. So the total term of imprisonment is 2 years and C
2 months’ imprisonment.
D D
E E
F (S. D’Almada Remedios) F
District Judge
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
CRT33/10.11.2009/LT 8 DCCC1023/2009/Sentence
V V
A A
DCCC1023/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 1023 OF 2009
C C
----------------------
D D
HKSAR
E v. E
Meng Min
F F
----------------------
G G
Before: H H Judge S. D’Almada Remedios
Date: 10 November 2009 at 11.20 am
H Present: Ms Memi Mee-wah Ng, SPP of the Department of Justice, H
for HKSAR
Mr Joseph Pang Ping-kwan, of Joseph P K Pang & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Possession of arms without a licence (無牌管有槍械) J
(2) Possession of ammunition without a licence (無牌管有
彈藥)
K K
(3) Possession of a prohibited weapon (管有違禁武器)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to three charges
O
before me. The charges all relate to the same date, 3 June 2009, O
at the same place, that is Room 2421, Hing Shing House, Tai Hing
P Estate, Tuen Mun, New Territories. P
Q 2. The first charge is one of possession of arms without Q
a licence, contrary to section 13(1) and (2) of the Firearms and
R R
Ammunition Ordinance, Cap.238, in that you had in your
possession one stun gun without a licence.
S S
T 3. The second charge relates to possession of ammunition T
without a licence, contrary to section 13(1) and (2) of the
U U
CRT33/10.11.2009/LT 1 DCCC1023/2009/Sentence
V V
A A
same, and in that charge you had various bullets and cartridges,
to which I will refer later in the facts.
B B
C 4. The third charge relates to possession of a prohibited C
weapon, contrary to section 4 of the Weapons Ordinance, Cap.217,
D and that weapon concerned a knuckleduster. D
E E
5. On 3 June at about 4.30 pm, police officers executed a
search warrant at your mother’s house in Tuen Mun. That searched
F F
was conducted in the presence of yourself and your mother.
G G
6. The police found an electric stun gun (E1) inside a
H plastic drawer located at the balcony, which is the subject of H
Charge 1. They also found three cartridge cases in 7.62 by 25
I I
millimetre calibre with one 7.62 millimetre calibre bullet
inserted in each of their case mouths (E2) inside a spectacles
J J
case found inside a plastic drawer located at the living room.
K
They also found inside that spectacles case four live rounds of K
ammunition in .22 LR calibre (E3); eight live rounds of blank
L cartridges consistent with those designed for use in a L
cartridge-operated fixing tool (E4); 10 live rounds of blank
M cartridges consistent with those designed for use in a M
cartridge-operated fixing tool (E5), all of those being the
N N
subject matter of Charge 2. They then found the metal
knuckleduster inside a plastic drawer located inside the living
O O
room. They also found a number of imitation guns and ammunition
P inside the flat. P
Q 7. Defendant, upon arrest and under caution, you admitted Q
that all those items belonged to you and not your mother, that
R R
is inclusive of the imitation guns and ammunition.
S S
8. Under caution, you said you purchased Exhibits 1 to 6
T as well as the other imitation guns from a shop in Wah Keung T
Street, Shenzhen. You then brought E1 to E6 to Hong Kong on
U several occasions. The last occasion was in March 2008, when you U
CRT33/10.11.2009/LT 2 DCCC1023/2009/Sentence
V V
A A
brought the stun gun to Hong Kong. You possessed the stun gun
for self-defence since you had a tattoo on your arm and you were
B B
scared that you might be bullied by the triad members in Hong
C Kong or in the mainland. You possessed the ammunition, E2 to E5, C
for your personal collection as you were a member of the air
D force in the Mainland between 1982 and 1986 and you were D
interested in guns. You possessed the knuckleduster for your own
E E
use as you used it to practice Kung Fu at home.
F F
9. As to the stun gun, the witness statement and report
G were submitted to the court. The average peak to peak pulsating G
voltage generated was 90,094 volts.
H H
10. The ammunition was examined. E2 could not be
I I
discharged in any firearm because of its current condition. E3
was suitable to be discharged in like firearms, such as a Smith
J J
and Wesson Model 17 revolver. E4 and E5 were blank cartridges
K
consistent with those designed for use in a cartridge-operated K
fixing tool, and E6 was a commercially produced knuckleduster.
L L
11. Your solicitor, Mr Pang, has mitigated fully on your
M behalf. I have taken into account all that he has had to say. M
As a result of his mitigation advanced on the last occasion, I
N N
was concerned as he had told me that you were severely injured
some 20 years ago in war by having 29 wounds all over your body
O O
and still had a bullet shell inside your head. My observation
P was that if you were so severely wounded by ammunition of this P
type and by these guns, why is it then did you keep these type
Q of things as your hobby or habit to collect? I therefore called Q
for a Background Report, a psychologist’s report and a
R R
psychiatric report.
S S
12. I have taken into account what has been said in those
T reports, for which your solicitor, Mr Pang, tells me you have T
agreed to all the contents.
U U
CRT33/10.11.2009/LT 3 DCCC1023/2009/Sentence
V V
A A
13. You are 43 years of age and of clear record. You were
born in Mainland China and had come to Hong Kong on a Two-way
B B
Permit Visa to visit your mother, who is living in Hong Kong.
C You were a soldier in the army for 4 years from 1982 to 1986, a C
policeman in Beijing between 1986 and 1989, and have been in the
D computer repair business since 1989. Your father was a national D
senior space engineer until he was tragically killed as a result
E E
of an accident with experiments in 1977. Your mother was a
medical doctor in China but she married and came to Hong Kong
F F
and now practices as a Chinese medicine practitioner.
G G
14. I am informed that you stopped studying at a young age
H because you had lost your father and did not want to burden your H
family in their finances. You therefore joined the military
I I
service. In that time, you had fought in the battle between
China and Vietnam. You had suffered a head injury due to a mine
J J
explosion. You then left the army and joined the police force.
K
Since 1989 you have worked in the field of computer business. K
You have run your own business in the computer business and earn
L about 30,000 Renminbi a month. L
M 15. Since your stepfather passed away in 1995 you have M
come to visit your mother regularly, once or twice a year, and
N N
stay with her each time for one or two months.
O O
16. It is your mitigation that you had these arms and
P ammunition and prohibited weapon in your possession because you P
had developed an interest in collecting them as a hobby as
Q during your service in the army you conceived an interest in Q
firearms.
R R
17. The psychologist and psychiatric report say that you
S S
were diagnosed with post-traumatic stress disorder and no
T inpatient treatment is needed psychiatrically. As to the T
psychologist’s report, the need of psychological intervention is
U U
CRT33/10.11.2009/LT 4 DCCC1023/2009/Sentence
V V
A A
also not required at this juncture and your risk of re-offending
is low.
B B
C 18. Although you had developed this post-traumatic stress C
disorder soon after the war some 20 years’ ago, these symptoms
D have shown remission over the past two decades, i.e., 20 years. D
The psychologist says that he is impressed that you have largely
E E
recovered from your disorder though you still have some fears
about wars and relevant stimuli. You kept this stun gun,
F F
ammunition and range of military collectables to ensure your
G safety and enhance your sense of security. G
H 19. I am informed in the report that most of these H
collections were kept by you in Beijing. However, you had thrown
I I
away a lot of your military collection, as your girlfriend, who
is living with you in Beijing, did not like it. However, you
J J
kept some and took those to Hong Kong and kept it at your
K
mother’s home. K
L 20. You said that it was as a result of the ignorance of L
the law in Hong Kong that you became involved in this offence
M because in China it was legal to possess these arms and M
ammunition.
N N
21. I accept that you were a collector of these arms and
O O
ammunition. You did say that the stun gun was for self-defence.
P This, as stated, was brought to Hong Kong in 2008. That was P
about a year ago. It was kept at your mother’s home in a drawer.
Q It was therefore unlikely to get into the hands of anyone else. Q
I accept that it was not intended to harm anyone.
R R
22. As I am sure you have been informed, however, these
S S
offences are very serious offences and warrant immediate
T custodial sentences. T
U U
CRT33/10.11.2009/LT 5 DCCC1023/2009/Sentence
V V
A A
23. In respect of stun guns, the cases to which I refer to
are Yung Ting Chun, CACC164/1999; Lai Chi Fai, CACC408/1995; Fan
B B
Kwok Wai, CACC264/2005; and Li Hung Kwan [2003] 1 HKLRD 204.
C Clearly, in the case of Li Hung Kwan, the court there said that C
there were no tariffs for this offence. The sentence to be
D imposed for possession of this type of weapon depends very much D
on the circumstances of the individual case. Important
E E
considerations which can arise are, firstly, the power of the
weapon, that is, what level of voltage it is capable of
F F
discharging; and secondly, whether there is evidence the
G offender or some other person may use the weapon for an unlawful G
purpose or to facilitate an unlawful activity.
H H
24. This is comparatively, to the cases I have cited, a
I I
very powerful weapon, almost three times the power of the other
stun guns mentioned in those cases. In Li Hung Kwan, the voltage
J J
was 35,000; in Fan Kwok Wai, the voltage of the three separate
K
guns were 20,000, 10,000 and 13,000 respectively; and in Lai Chi K
Fai, the voltage was 4,800, so in this case comparatively a
L very, very much more powerful weapon. L
M 25. Taking into account those factors but recognising that M
the stun gun was kept at your mother’s house in a drawer and
N N
there being no direct evidence that you would use the weapon for
an unlawful purpose or to facilitate an unlawful activity, save
O O
for the fact that you said that you had brought this gun to Hong
P Kong for self-defence against triad members in Hong Kong should P
you be bullied, I consider a starting point of 3 years’
Q imprisonment after trial to be appropriate. I reduce that term Q
to one of 2 years’ imprisonment, giving you full credit for your
R R
plea of guilty.
S S
26. As to the second charge of ammunition, I refer to the
T case of R v Man Hung Pui, CACC222/1992. Some of the ammunition T
in your possession was live and some was incapable of being
U fired by a pistol. I accept that these were in your possession U
CRT33/10.11.2009/LT 6 DCCC1023/2009/Sentence
V V
A A
for your personal collection and that there was no evidence that
you intended or it was going to be used. In that instance, I
B B
take a starting point of 3 years’ imprisonment and also reduce
C that term to 2 years’ imprisonment, giving you full credit for C
your plea of guilty.
D D
27. As for the knuckleduster, you said that you had that
E E
in your possession to practice martial arts. I am not sure how
this particular type of lethal weapon used for fighting can be
F F
practised, and I have grave reservations that this was how it
G was to be used by you. G
H 28. I have to say that in respect of support or documents H
evidencing, although you have told me as well as all the
I I
psychiatrists, psychologists and probation officer about your
background in the army and your injuries, there are no
J J
certificates or documents supporting your injuries and/or your
K
service in the army or police. Despite my request to your K
solicitor to see any supporting documents, he told me that they
L were all in Beijing and you were unable to get them here to Hong L
Kong. I just say for the record that it surprises me that if you
M did suffer such severe injuries and had served in the army that M
you can have nothing before me to show that that is the case.
N N
Nevertheless, I accept that you had served in the army and that
is how you conceived your interest in firearms.
O O
P 29. For the knuckleduster, I take a starting point of P
6 weeks’ imprisonment and reduce that to one of 4 weeks’
Q imprisonment, giving you full credit for your plea of guilty. Q
R R
30. I take into account the principle of totality for
these three offences and consider that a sentence of 2 years and
S S
2 months’ imprisonment is appropriate.
T T
31. In the circumstances, 2 months of Charge 2 shall be
U served consecutively to Charge 1 and the remaining terms of U
CRT33/10.11.2009/LT 7 DCCC1023/2009/Sentence
V V
A A
Charge 2 and 3 shall be served concurrently to all other
charges.
B B
C 32. So the total term of imprisonment is 2 years and C
2 months’ imprisonment.
D D
E E
F (S. D’Almada Remedios) F
District Judge
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
CRT33/10.11.2009/LT 8 DCCC1023/2009/Sentence
V V