DCCC1054/2021 HKSAR v. CHOW CHI (aka CHOW CHI-LUN) - LawHero
DCCC1054/2021
區域法院（刑事）H.H. Judge G. Lam6/2/2023[2023] HKDC 200
DCCC1054/2021
由此
A A
B DCCC 1054/2021 B
[2023] HKDC 200
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 1054 OF 2021
E E
____________
F F
G HKSAR G
v
H H
CHOW Chi
(also known as CHOW Chi-lun)
I I
____________
J J
K Before : H.H. Judge G. Lam K
Date : 7 February 2023
L Present : Mr. Anson Lai, PP, of the Department of Justice, L
for HKSAR.
M
Mr. Chan Siu Ming instructed by M/s Eric M
Cheung & Lau, assigned by the Director of Legal
Aid, for the defendant.
N N
Offences : (1) to (5) Procurement of unlawful sexual act by
false pretences1（以虛假藉口促致他人作非法的
O O
性行為）
(6) Possessing a false instrument（管有虛假文書）
2
P P
(7) Improper possession of clothing of police
officer3（不適當地管有警務人員的服裝）
Q Q
R R
REASONS FOR SENTENCE
S S
1
T Contrary to section 120(1) of the Crimes Ordinance (Cap.200). T
2
Contrary to section 75(2) of the Crimes Ordinance (Cap.200).
3
Contrary to section 24 of the Summary Offences Ordinance (Cap.228).
U U
V V
由此
- 2 -
A A
The defendant faces 5 charges of "Procurement of unlawful
B B
sexual act by false pretences" (Charges 1 to 5), a charge of "Possessing a
C C
false instrument" (Charge 6) and a charge of "Improper possession of
D D
clothing of police officer" (Charge 7).
E E
F F
2. He pleaded guilty to Charges 1, 5, 6 and 7. I granted the
G prosecution's application to leave Charges 2 to 4 in the court file; not to be G
H proceeded against the defendant without leave of court. H
I I
J
Summary of Facts J
K K
Background
L L
3. On 24 April 2021, the Police received a complaint about a
M M
video clip of 3 males in police uniform engaging in lewd acts (oral sex and
N N
buggery), which had been widely circulated in various WhatsApp groups.
O O
P P
4. Investigation revealed that the said video clip was also
Q published on Telegram, Facebook and LIHKG and that it was uploaded on Q
R HKGolden back in December 2019. R
S S
T T
U U
V V
由此
- 3 -
A A
5. Information solicited from the general public revealed that the
B B
identity of one of the 3 males depicted in the video was the defendant.
C C
D D
House search
E E
6. Pursuant to a search warrant, the defendant's residence at Ha
F F
Che Tsuen, Pat Heung, Yuen Long was searched on 10 May 2021. The
G G
Police found the following items :-
H H
I (i) a false police warrant card bearing the name of Sergeant 26316 I
Chow Chi (E1) (Charge 6);
J J
(ii) a pair of police trousers with the number "9827" written inside
K K
(E2) (Charge 7);
L L
(iii) a counterfeit short-sleeved police blue shirt with a pair of
M M
shoulder boards signifying "Sgt 26316";
N N
(iv) 2 counterfeit long-sleeved police blue shirts;
O O
(v) a counterfeit police windbreaker with a pair of shoulder boards
P P
signifying "Sgt 26316";
Q Q
(vi) 3 pairs of counterfeit police blue trousers;
R R
(vii) a pair of counterfeit traffic police blue trousers;
S S
T T
U U
V V
由此
- 4 -
A A
(viii) a counterfeit traffic police jacket with a pair of shoulder boards
B B
signifying "Sgt 26316";
C C
(ix) a counterfeit police green shirt and a pair of counterfeit police
D D
green trousers;
E E
(x) a counterfeit police hat with a police badge;
F F
(xi) a counterfeit police baseball cap;
G G
(xii) a counterfeit police belt attached with a speed loader pouch
H H
containing 1 speed loader; 1 revolver holster; 2 waist pouches
I (containing a pair of handcuffs, a police notebook cover and 2 I
notebooks); 1 baton with case; 1 pouch containing a dummy
J J
pepper spray container; and 1 radio pouch;
K K
(xiii) 1 "Motorola" beat radio;
L L
(xix) 1 plastic air gun; and
M M
(xv) a resealable plastic bag containing 1 roll of police cordon tape.
N N
O O
7. The defendant was arrested. Under caution for Charge 6, he
P P
admitted having bought E1 from Taobao for the purpose of video shooting.
Q Q
He knew it was a fake one.
R R
S 8. A total of 5 video recorded interviews were conducted with the S
T defendant on 10 and 11 May 2021. He admitted under caution in his T
U U
V V
由此
- 5 -
A A
interviews that he had never been a police officer or a member of the Hong
B B
Kong Auxiliary Police Force. The items seized from his home belonged to
C C
him. He bought them from Taobao and various online platforms between
D D
2012 and 2014 for his own collection. He would wear the counterfeit police
E E
uniforms when having sex with others. The defendant also admitted that he
F F
was in police uniform when he had casual sex with a number of males. He
G filmed their sexual acts for his own collection. The defendant had sent G
H photos of E1 or of himself wearing police uniform to his cyber friends with a H
I view to inducing them to believe that he was a genuine police officer, so that I
J
he could lure them into carrying out sexual acts with him. The defendant J
had used the handcuffs for enhancing sexual pleasure; however, the baton
K K
was for decoration and photo-shooting only.
L L
M M
9. Regarding Charge 6, the defendant bought E1 from Taobao at
N N
HK$400 in 2014. He saw an online shop selling police accessories and
O O
ordered a custom-made warrant card from that shop. He chose the number
P P
"26316" at random; he did not know any police officer who had this UI
Q number. He gave the shop a photo of himself in police uniform and chose Q
R the Sergeant rank. He would wear police uniform with E1 when engaging in R
S
sexual acts with others in order to feel more excited. S
T T
U U
V V
由此
- 6 -
A A
10. Regarding Charge 7, the defendant claimed that he bought E2
B B
from Taobao or an online auction website for a few hundred dollars. He
C C
forgot when he purchased it. He did not know any police officer who had
D D
the UI number "9827". He bought E2 for himself to wear so that he would
E E
look like a police officer in order to attract his mates to have sex with him.
F F
G Investigation results G
H H
11. E1 was examined by an officer of the Police Identification
I I
Bureau and was confirmed to be a forgery.
J J
K K
12. A senior supplies supervisor of the Police Stores Storehouses
L Unit confirmed E2 to be a piece of police accoutrements and that all other L
M clothing items found in the defendant's home were counterfeit articles. M
N N
13. A retired police sergeant with UI number 9827 confirmed that
O O
E2 was part of his uniform. He wrote the number "9827" on it. He
P P
confirmed that he had never lost his uniform or accoutrements. He returned
Q Q
all his uniforms and accoutrements to the Police Stores Storehouses Unit
R R
upon retirement and did not know why E2 could be possessed by others.
S S
T T
U U
V V
由此
- 7 -
A A
14. Examination of the defendant's social media accounts revealed
B B
that he had falsely pretended to be a police sergeant in order to induce his
C C
cyber friends (including X and Y) to engage in sexual acts with him.
D D
E E
Charge 1 (Male Y)
F F
15. In 2017, Y (aged 32 then) became acquainted with the
G G
defendant via a dating app for homosexuals. They exchanged contact
H H
details and started chatting on WeChat.
I I
J J
16. The defendant told Y that he was a police sergeant attached to
K K
Sheung Shui Police Station and asked Y out on a date. Having chatted for
L about half a month, they had their first date at the podium of Chung On L
M Shopping Centre, Ma On Shan in one evening around midnight. The M
N defendant showed up in full police uniform and told Y that he was on duty. N
Y believed the defendant being a genuine police officer. After their first
O O
date, they became lovers.
P P
Q Q
17. On a day unknown in or around December 2017, Y met up with
R R
the defendant for the second time at the defendant's home, which was a
S S
village house in Tung Kok Wai, Fanling. The defendant was in full police
T T
uniform and showed Y a police warrant card with his photo on it. Y
U U
V V
由此
- 8 -
A A
confirmed that E1 was the police warrant card shown to him by the
B B
defendant. Y admired the occupation of a police officer rather than
C C
someone in police uniform. Y was willing to have sex with the defendant
D D
because he believed that the defendant was a policeman. They did some
E E
role-playing and performed oral sex on each other without condoms until
F F
they both ejaculated.
G G
H Charge 5 (Male X) H
I I
18. In October 2020, X (aged 44 then) became acquainted with the
J J
defendant via a dating app for homosexuals. They exchanged phone
K K
numbers and started chatting on WhatsApp.
L L
M 19. On a day unknown in late December 2020, X met the defendant M
N for the first time at the defendant's home in Ha Che Tsuen, Pat Heung, Yuen N
Long. During their date, the defendant claimed to be a serving police
O O
sergeant. He showed X a police warrant card bearing his name and photo.
P P
X believed that E1 was the police warrant card shown to him by the
Q Q
defendant. At the defendant's home, the defendant offered to give legal
R R
advice to X and to introduce X to his police colleagues, so that they may
S S
have sex together. The defendant then put on a full police uniform with a
T T
baton and a pistol hanging on his waist belt. The defendant asked X to touch
U U
V V
由此
- 9 -
A A
the pistol and baton. He also asked X to have sex with him. Believing that
B B
the defendant was a genuine police officer, X agreed. The defendant
C C
fondled X's penis and performed oral sex on X without a condom until X
D D
ejaculated. X then did the same for the defendant.
E E
F F
20. X admired the occupation of a police officer rather than
G someone in police uniform. He was eager to have a relationship with a G
H police officer. He would not have engaged in the sexual acts with the H
I defendant but for the defendant's claim that he was a police sergeant. I
J J
Mitigation & Sentence
K K
L 21. The defendant is 47 and single. He has 5 conviction records L
M which included several traffic offences, 2 "Indecent assault" offences and 1 M
N "Homosexual buggery" offence. His last conviction was dated May 2006. N
O O
22. Defence counsel Mr. Chan informed me that after completing
P P
F.5, the defendant started to work in the food and beverage field. In 2020, he
Q Q
became involved in wine wholesale. Owing to the pandemic, he lost his job
R R
in July 2021. Prior to that, he was earning about $20,000 per month.
S S
T T
U U
V V
由此
- 10 -
A A
23. In mitigation, Mr. Chan submitted that there are no sentencing
B B
tariffs for Charges 1 and 5. What the defendant did wrong was his false
C C
pretences. He, however, did not use any threat or violence on X or Y; nor
D D
did he exert any pressure on them. No money was involved either. Mr.
E E
Chan stressed that both X and Y are mature adults; they became friends with
F F
the defendant first before they agreed to engage in sexual acts with him. In
G other words, unlike those who claimed to be "Maoshan" （茅山） masters G
H or film directors in order to obtain sexual advantages from gullible victims, H
I the defendant did not exploit X's or Y's religious fear or their desire to I
J become movie stars. J
K K
24. Mr. Chan has submitted a number of sentencing cases for my
L L
reference (mainly first instance District Court decisions). In her Reasons for
M M
Sentence in HKSAR v Man Ka Ying [2020] HKDC 55 (DCCC 1043/2018),
N N
the learned judge made reference to a number of decisions at paragraph 25.
O O
I have considered those decisions as well, in particular HKSAR v Au Yeung
P P
Kwok Fu CACC 41/2010 and HKSAR v Yuen Yuk Kin CACC 454/2011 (both
Q Q
are unreported Chinese judgments).
R R
S 25. When determining the proper starting point, I accept that in S
T terms of the level of repulsiveness, the defendant's false pretences in the T
U U
V V
由此
- 11 -
A A
present case are not the worst of its kind. X and Y are mature adults using an
B B
app to look for partners (sexual or otherwise) rather than desperate
C C
individuals trying to obtain more modelling jobs, salvage a relationship
D D
through spiritual forces or get rid of bad fate brought by evil spirits.
E E
F F
26. I also accept that the defendant's false pretences might well
G have been intended to enhance the pleasure and excitement of X and Y G
H during their sexual acts rather than luring them into engaging in sexual H
I conduct with the defendant. As submitted by Mr. Chan, the disturbance and I
J
grievances caused to X and Y when they discovered the truth could be of a J
lesser degree.
K K
L L
27. For Charges 1 and 5, I adopt a starting point of 12 months'
M M
imprisonment each. With the timely guilty plea, the sentence for each
N N
charge is reduced to 8 months. Apart from this, I see no other mitigating
O O
factors which warrant any further reduction. Hence, I sentence the
P P
defendant to 8 months' imprisonment each for these 2 charges.
Q Q
R 28. For Charge 6, I accept that the sole purpose of the defendant's R
S
possession of a forged police warrant card was to strengthen his appeal to S
his cyber friends. There is no evidence showing that the defendant had used
T T
U U
V V
由此
- 12 -
A A
and intended to use E1 for other unlawful purposes. I adopt a starting point
B B
of 4.5 months' imprisonment. With the timely guilty plea, I sentence the
C C
defendant to 3 months' imprisonment for this charge.
D D
E E
29. The maximum penalty for Charge 7 is a fine at level 1 (i.e.
F F
$2,000). I will impose a fine in the sum of $500 for this charge.
G G
H 30. Bearing in mind the totality principle, I consider a global H
I starting point of 18 months' imprisonment appropriate for Charges 1, 5 and 6. I
J
With the timely guilty pleas, the overall sentence becomes 12 months. I J
order 3 months in Charge 5 to run consecutive to Charge 1; and 1 month in
K K
Charge 6 to run consecutive to Charges 1 and 5. Thus, arriving at a total
L L
prison term of 12 months.
M M
N N
O O
(G. Lam)
P P
District Judge
Q Q
R R
S S
T T
U U
V V
由此
A A
B DCCC 1054/2021 B
[2023] HKDC 200
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 1054 OF 2021
E E
____________
F F
G HKSAR G
v
H H
CHOW Chi
(also known as CHOW Chi-lun)
I I
____________
J J
K Before : H.H. Judge G. Lam K
Date : 7 February 2023
L Present : Mr. Anson Lai, PP, of the Department of Justice, L
for HKSAR.
M
Mr. Chan Siu Ming instructed by M/s Eric M
Cheung & Lau, assigned by the Director of Legal
Aid, for the defendant.
N N
Offences : (1) to (5) Procurement of unlawful sexual act by
false pretences1（以虛假藉口促致他人作非法的
O O
性行為）
(6) Possessing a false instrument（管有虛假文書）
2
P P
(7) Improper possession of clothing of police
officer3（不適當地管有警務人員的服裝）
Q Q
R R
REASONS FOR SENTENCE
S S
1
T Contrary to section 120(1) of the Crimes Ordinance (Cap.200). T
2
Contrary to section 75(2) of the Crimes Ordinance (Cap.200).
3
Contrary to section 24 of the Summary Offences Ordinance (Cap.228).
U U
V V
由此
- 2 -
A A
The defendant faces 5 charges of "Procurement of unlawful
B B
sexual act by false pretences" (Charges 1 to 5), a charge of "Possessing a
C C
false instrument" (Charge 6) and a charge of "Improper possession of
D D
clothing of police officer" (Charge 7).
E E
F F
2. He pleaded guilty to Charges 1, 5, 6 and 7. I granted the
G prosecution's application to leave Charges 2 to 4 in the court file; not to be G
H proceeded against the defendant without leave of court. H
I I
J
Summary of Facts J
K K
Background
L L
3. On 24 April 2021, the Police received a complaint about a
M M
video clip of 3 males in police uniform engaging in lewd acts (oral sex and
N N
buggery), which had been widely circulated in various WhatsApp groups.
O O
P P
4. Investigation revealed that the said video clip was also
Q published on Telegram, Facebook and LIHKG and that it was uploaded on Q
R HKGolden back in December 2019. R
S S
T T
U U
V V
由此
- 3 -
A A
5. Information solicited from the general public revealed that the
B B
identity of one of the 3 males depicted in the video was the defendant.
C C
D D
House search
E E
6. Pursuant to a search warrant, the defendant's residence at Ha
F F
Che Tsuen, Pat Heung, Yuen Long was searched on 10 May 2021. The
G G
Police found the following items :-
H H
I (i) a false police warrant card bearing the name of Sergeant 26316 I
Chow Chi (E1) (Charge 6);
J J
(ii) a pair of police trousers with the number "9827" written inside
K K
(E2) (Charge 7);
L L
(iii) a counterfeit short-sleeved police blue shirt with a pair of
M M
shoulder boards signifying "Sgt 26316";
N N
(iv) 2 counterfeit long-sleeved police blue shirts;
O O
(v) a counterfeit police windbreaker with a pair of shoulder boards
P P
signifying "Sgt 26316";
Q Q
(vi) 3 pairs of counterfeit police blue trousers;
R R
(vii) a pair of counterfeit traffic police blue trousers;
S S
T T
U U
V V
由此
- 4 -
A A
(viii) a counterfeit traffic police jacket with a pair of shoulder boards
B B
signifying "Sgt 26316";
C C
(ix) a counterfeit police green shirt and a pair of counterfeit police
D D
green trousers;
E E
(x) a counterfeit police hat with a police badge;
F F
(xi) a counterfeit police baseball cap;
G G
(xii) a counterfeit police belt attached with a speed loader pouch
H H
containing 1 speed loader; 1 revolver holster; 2 waist pouches
I (containing a pair of handcuffs, a police notebook cover and 2 I
notebooks); 1 baton with case; 1 pouch containing a dummy
J J
pepper spray container; and 1 radio pouch;
K K
(xiii) 1 "Motorola" beat radio;
L L
(xix) 1 plastic air gun; and
M M
(xv) a resealable plastic bag containing 1 roll of police cordon tape.
N N
O O
7. The defendant was arrested. Under caution for Charge 6, he
P P
admitted having bought E1 from Taobao for the purpose of video shooting.
Q Q
He knew it was a fake one.
R R
S 8. A total of 5 video recorded interviews were conducted with the S
T defendant on 10 and 11 May 2021. He admitted under caution in his T
U U
V V
由此
- 5 -
A A
interviews that he had never been a police officer or a member of the Hong
B B
Kong Auxiliary Police Force. The items seized from his home belonged to
C C
him. He bought them from Taobao and various online platforms between
D D
2012 and 2014 for his own collection. He would wear the counterfeit police
E E
uniforms when having sex with others. The defendant also admitted that he
F F
was in police uniform when he had casual sex with a number of males. He
G filmed their sexual acts for his own collection. The defendant had sent G
H photos of E1 or of himself wearing police uniform to his cyber friends with a H
I view to inducing them to believe that he was a genuine police officer, so that I
J
he could lure them into carrying out sexual acts with him. The defendant J
had used the handcuffs for enhancing sexual pleasure; however, the baton
K K
was for decoration and photo-shooting only.
L L
M M
9. Regarding Charge 6, the defendant bought E1 from Taobao at
N N
HK$400 in 2014. He saw an online shop selling police accessories and
O O
ordered a custom-made warrant card from that shop. He chose the number
P P
"26316" at random; he did not know any police officer who had this UI
Q number. He gave the shop a photo of himself in police uniform and chose Q
R the Sergeant rank. He would wear police uniform with E1 when engaging in R
S
sexual acts with others in order to feel more excited. S
T T
U U
V V
由此
- 6 -
A A
10. Regarding Charge 7, the defendant claimed that he bought E2
B B
from Taobao or an online auction website for a few hundred dollars. He
C C
forgot when he purchased it. He did not know any police officer who had
D D
the UI number "9827". He bought E2 for himself to wear so that he would
E E
look like a police officer in order to attract his mates to have sex with him.
F F
G Investigation results G
H H
11. E1 was examined by an officer of the Police Identification
I I
Bureau and was confirmed to be a forgery.
J J
K K
12. A senior supplies supervisor of the Police Stores Storehouses
L Unit confirmed E2 to be a piece of police accoutrements and that all other L
M clothing items found in the defendant's home were counterfeit articles. M
N N
13. A retired police sergeant with UI number 9827 confirmed that
O O
E2 was part of his uniform. He wrote the number "9827" on it. He
P P
confirmed that he had never lost his uniform or accoutrements. He returned
Q Q
all his uniforms and accoutrements to the Police Stores Storehouses Unit
R R
upon retirement and did not know why E2 could be possessed by others.
S S
T T
U U
V V
由此
- 7 -
A A
14. Examination of the defendant's social media accounts revealed
B B
that he had falsely pretended to be a police sergeant in order to induce his
C C
cyber friends (including X and Y) to engage in sexual acts with him.
D D
E E
Charge 1 (Male Y)
F F
15. In 2017, Y (aged 32 then) became acquainted with the
G G
defendant via a dating app for homosexuals. They exchanged contact
H H
details and started chatting on WeChat.
I I
J J
16. The defendant told Y that he was a police sergeant attached to
K K
Sheung Shui Police Station and asked Y out on a date. Having chatted for
L about half a month, they had their first date at the podium of Chung On L
M Shopping Centre, Ma On Shan in one evening around midnight. The M
N defendant showed up in full police uniform and told Y that he was on duty. N
Y believed the defendant being a genuine police officer. After their first
O O
date, they became lovers.
P P
Q Q
17. On a day unknown in or around December 2017, Y met up with
R R
the defendant for the second time at the defendant's home, which was a
S S
village house in Tung Kok Wai, Fanling. The defendant was in full police
T T
uniform and showed Y a police warrant card with his photo on it. Y
U U
V V
由此
- 8 -
A A
confirmed that E1 was the police warrant card shown to him by the
B B
defendant. Y admired the occupation of a police officer rather than
C C
someone in police uniform. Y was willing to have sex with the defendant
D D
because he believed that the defendant was a policeman. They did some
E E
role-playing and performed oral sex on each other without condoms until
F F
they both ejaculated.
G G
H Charge 5 (Male X) H
I I
18. In October 2020, X (aged 44 then) became acquainted with the
J J
defendant via a dating app for homosexuals. They exchanged phone
K K
numbers and started chatting on WhatsApp.
L L
M 19. On a day unknown in late December 2020, X met the defendant M
N for the first time at the defendant's home in Ha Che Tsuen, Pat Heung, Yuen N
Long. During their date, the defendant claimed to be a serving police
O O
sergeant. He showed X a police warrant card bearing his name and photo.
P P
X believed that E1 was the police warrant card shown to him by the
Q Q
defendant. At the defendant's home, the defendant offered to give legal
R R
advice to X and to introduce X to his police colleagues, so that they may
S S
have sex together. The defendant then put on a full police uniform with a
T T
baton and a pistol hanging on his waist belt. The defendant asked X to touch
U U
V V
由此
- 9 -
A A
the pistol and baton. He also asked X to have sex with him. Believing that
B B
the defendant was a genuine police officer, X agreed. The defendant
C C
fondled X's penis and performed oral sex on X without a condom until X
D D
ejaculated. X then did the same for the defendant.
E E
F F
20. X admired the occupation of a police officer rather than
G someone in police uniform. He was eager to have a relationship with a G
H police officer. He would not have engaged in the sexual acts with the H
I defendant but for the defendant's claim that he was a police sergeant. I
J J
Mitigation & Sentence
K K
L 21. The defendant is 47 and single. He has 5 conviction records L
M which included several traffic offences, 2 "Indecent assault" offences and 1 M
N "Homosexual buggery" offence. His last conviction was dated May 2006. N
O O
22. Defence counsel Mr. Chan informed me that after completing
P P
F.5, the defendant started to work in the food and beverage field. In 2020, he
Q Q
became involved in wine wholesale. Owing to the pandemic, he lost his job
R R
in July 2021. Prior to that, he was earning about $20,000 per month.
S S
T T
U U
V V
由此
- 10 -
A A
23. In mitigation, Mr. Chan submitted that there are no sentencing
B B
tariffs for Charges 1 and 5. What the defendant did wrong was his false
C C
pretences. He, however, did not use any threat or violence on X or Y; nor
D D
did he exert any pressure on them. No money was involved either. Mr.
E E
Chan stressed that both X and Y are mature adults; they became friends with
F F
the defendant first before they agreed to engage in sexual acts with him. In
G other words, unlike those who claimed to be "Maoshan" （茅山） masters G
H or film directors in order to obtain sexual advantages from gullible victims, H
I the defendant did not exploit X's or Y's religious fear or their desire to I
J become movie stars. J
K K
24. Mr. Chan has submitted a number of sentencing cases for my
L L
reference (mainly first instance District Court decisions). In her Reasons for
M M
Sentence in HKSAR v Man Ka Ying [2020] HKDC 55 (DCCC 1043/2018),
N N
the learned judge made reference to a number of decisions at paragraph 25.
O O
I have considered those decisions as well, in particular HKSAR v Au Yeung
P P
Kwok Fu CACC 41/2010 and HKSAR v Yuen Yuk Kin CACC 454/2011 (both
Q Q
are unreported Chinese judgments).
R R
S 25. When determining the proper starting point, I accept that in S
T terms of the level of repulsiveness, the defendant's false pretences in the T
U U
V V
由此
- 11 -
A A
present case are not the worst of its kind. X and Y are mature adults using an
B B
app to look for partners (sexual or otherwise) rather than desperate
C C
individuals trying to obtain more modelling jobs, salvage a relationship
D D
through spiritual forces or get rid of bad fate brought by evil spirits.
E E
F F
26. I also accept that the defendant's false pretences might well
G have been intended to enhance the pleasure and excitement of X and Y G
H during their sexual acts rather than luring them into engaging in sexual H
I conduct with the defendant. As submitted by Mr. Chan, the disturbance and I
J
grievances caused to X and Y when they discovered the truth could be of a J
lesser degree.
K K
L L
27. For Charges 1 and 5, I adopt a starting point of 12 months'
M M
imprisonment each. With the timely guilty plea, the sentence for each
N N
charge is reduced to 8 months. Apart from this, I see no other mitigating
O O
factors which warrant any further reduction. Hence, I sentence the
P P
defendant to 8 months' imprisonment each for these 2 charges.
Q Q
R 28. For Charge 6, I accept that the sole purpose of the defendant's R
S
possession of a forged police warrant card was to strengthen his appeal to S
his cyber friends. There is no evidence showing that the defendant had used
T T
U U
V V
由此
- 12 -
A A
and intended to use E1 for other unlawful purposes. I adopt a starting point
B B
of 4.5 months' imprisonment. With the timely guilty plea, I sentence the
C C
defendant to 3 months' imprisonment for this charge.
D D
E E
29. The maximum penalty for Charge 7 is a fine at level 1 (i.e.
F F
$2,000). I will impose a fine in the sum of $500 for this charge.
G G
H 30. Bearing in mind the totality principle, I consider a global H
I starting point of 18 months' imprisonment appropriate for Charges 1, 5 and 6. I
J
With the timely guilty pleas, the overall sentence becomes 12 months. I J
order 3 months in Charge 5 to run consecutive to Charge 1; and 1 month in
K K
Charge 6 to run consecutive to Charges 1 and 5. Thus, arriving at a total
L L
prison term of 12 months.
M M
N N
O O
(G. Lam)
P P
District Judge
Q Q
R R
S S
T T
U U
V V