由此
A A
B DCCC 547/2022 B
[2023] HKDC 408
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 547 OF 2022 E
F F
____________
G G
HKSAR
H v H
CHEUNG Kwong-ki
I I
____________
J J
K Before : H.H. Judge G. Lam K
Date : 23 March 2023
L Present : Ms. Catherine Xiao, PP, of the Department of Justice, L
for HKSAR.
M
Mr. Robert Chan instructed by M/s Wong & Co., M
assigned by the Director of Legal Aid, for the
defendant.
N N
Offences : (1) & (9) Taking conveyance without authority （未獲
授權而取用運輸工具）
O O
(2) & (7) Driving without a valid driving licence（駕
駛時無有效駕駛執照）
P P
(3) & (8) Using a motor vehicle without third party
insurance（沒有第三者保險而使用汽車）
Q Q
(4) Dangerous driving （危險駕駛）
(5) Failing to report an accident involving damage （沒
R R
有報告涉及損害的意外）
(6) Failing to stop after accident whereby damage was
S S
caused to other things（發生意外以致其他東西受到
損害後沒有停車）
T T
U U
V V
由此
- 2 -
A A
B B
REASONS FOR SENTENCE
C C
D The defendant pleaded guilty to 9 charges of driving-related D
E offences. He was only 16 at the time of all 9 offences. He did not have a E
F valid driving licence. Respectively in September and November 2021, the F
G
defendant took his friend's car for a joyride when that friend was drunk. G
H H
Summary of Facts
I I
J The 1st incident (Charges 7 to 9) J
K K
2. Mr. Wu (PW1) was the registered owner of a private car
L L
XM6579 (Car 1). He held a valid 3rd party insurance policy for Car 1.
M M
N 3. On 10 September 2021, PW1 became drunk during dinner with N
O the defendant. He did not, however, authorize anyone to drive Car 1. O
P P
4. About 10:30 in that evening, WPC 25509 (PW3) saw a male
Q Q
boarding Car 1 near Wai Chi Street Playground in Shek Kip Mei, Kowloon.
R R
The defendant was driving Car 1 at that time. This is Charges 7 and 9.
S S
T T
U U
V V
由此
- 3 -
A A
5. A few minutes later, PW3 intercepted the defendant at Wai Chi
B B
Street near the junction with Wai Lun Street. The key of Car 1 was found
C C
inside the vehicle. Since the defendant did not have a valid driving licence,
D D
he committed the offence in Charge 8 as well.
E E
F F
6. PW1 found his car key missing on 11 September 2021.
G G
H The 2nd incident (Charges 1 to 6) H
I I
7. In the evening on 12 November 2021, Mr. Ng (PW5) rented a
J J
private car VT1310 (Car 2) from a car rental company for a month. Car 2
K K
was covered by 3rd party insurance.
L L
M 8. About 8:00 p.m. on 13 November 2021, PW5 was having M
N dinner with the defendant in Shek Kip Mei. PW5 told the defendant that he N
had rented a car and had parked it at some place nearby. PW5 placed the key
O O
of Car 2 on the table. The key was labelled with Car 2's plate number.
P P
Q Q
9. PW5 became drunk during dinner. He did not authorize the
R R
defendant to drive Car 2 because he knew that the defendant did not have a
S S
driving licence.
T T
U U
V V
由此
- 4 -
A A
10. About 3:15 a.m. on 14 November 2021, the Police set up a road
B B
block near Chainage 11.1N of Tsing Kwai Highway.
C C
D D
11. About 4:07 a.m. the same day, Car 2 was approaching the road
E E
block. Ag. Sgt 9689 (PW8) directed it to stop. He saw a male driver, 3
F F
passengers and a dog in Car 2. This is Charges 1 and 2.
G G
H 12. Despite PW8 and Sgt 34369 (PW9) shouting at it to stop, Car 2 H
I did not stop; it sped up and went through the road block instead. I
J J
13. Two police vehicles (PV1 and PV2) immediately gave chase
K K
with their sirens and flashing lights turned on. PW9 was on PV1; whereas
L L
PW8 and PC 6524, PV2.
M M
N N
14. The pursuit of Car 2 began at Tsing Kwai Highway and went
O O
through Cheung Tsing Tunnel and Cheung Tsing Highway. It continued
P onto Lantau Link, North Lantau Highway, Shun Long Road and Tuen P
Q Mun-Chek Lap Kok Tunnel Road. Car 2 turned into Lung Fu Road in Tuen Q
R Mun around 4:17 a.m. and reached Hoi Wong Road about 2 minutes later. R
S
The pursuit continued in Tuen Mun on Wu Chui Road, Wu Shan Road, S
Lung Mun Road and Tin Hau Road. Finally, Car 2 turned into Nan Fung
T T
U U
V V
由此
- 5 -
A A
Industrial City, No.18 Tin Hau Road, Tuen Mun ("Nan Fung") around 4:28
B B
in the same morning. The pursuit lasted for about 20 minutes covering a
C C
total distance of about 42 km.
D D
E E
15. When being pursued by both PVs, Car 2 was driven at
F F
extremely high speed. Based on the speed displays on PV1 and PV2, the
G speed of Car 2 must have reached 200 km/h, 140 km/h, 170 km/h, 130 km/h, G
H 150-160 km/h and 90 km/h at different road segments of the pursuit. H
I I
J
16. The driver of Car 2 ignored the sirens and flashing lights of J
both PVs as well as repeated verbal orders to stop announced through the
K K
PVs' loudspeakers. He also jumped multiple red lights; drove in an
L L
aggressive and dangerous manner to prevent the PVs from overtaking Car 2;
M M
disobeyed traffic signs and road markings (including crossing double white
N N
lines; making an unlawful U-turn; and driving against the traffic direction).
O O
This is Charge 4.
P P
Q 17. Upon reaching Nan Fung, Car 2 was driven through the bar of Q
R the exit gate and went inside against the traffic direction. It then came out of R
S
the entrance and broke another bar of a gate. This is Charges 5 and 6. S
T T
U U
V V
由此
- 6 -
A A
18. Car 2 was later found outside Luen Cheong Can Centre, No.8
B B
Yip Wong Road, Tuen Mun ("Luen Cheong"). No one was in the vehicle.
C C
D D
19. About 9:15 in the same morning, PW8 intercepted the
E E
defendant. He told PW8 where he had placed the key of Car 2. He said he
F F
had hidden the car key because he was afraid of being caught. PW8 arrested
G the defendant around 9:47 that morning. Since the defendant did not have a G
H valid driving licence, he committed the offence in Charge 3 as well. H
I I
J
20. Under caution, the defendant admitted having stolen Car 2 J
from a friend. About 8:30 in the evening on 13 November 2021, he was
K K
having dinner with the owner of Car 2 at Shek Kip Mei. He stole the key of
L L
Car 2 and drove it away when the owner was drunk. The defendant also
M M
admitted that he did not have a driving licence. He took his friend's car for
N N
fun and his friend did not know about it.
O O
P 21. In his video recorded interview, the defendant explained how P
Q he committed Charges 1 to 6. Regarding Charge 1, he claimed that he was Q
R having dinner with PW5. PW5 told the defendant that he had recently R
S
rented Car 2 and it was parked near Berwick Street. PW5 placed the car key S
on the table. PW5 became drunk and left by taxi. The defendant took the
T T
U U
V V
由此
- 7 -
A A
car key and went to Berwick Street. He drove Car 2 to Cheung Sha Wan and
B B
picked up some friends for a joyride. Regarding Charges 5 and 6, the
C C
defendant claimed that upon reaching Tin Hau Road, there were no other
D D
ways to go; he could only drive into Nan Fung. He accidentally hit the gate
E E
barriers. He did not stop because he was scared and did not know what to do.
F F
He did not call the Police because he was being chased by them.
G G
H 22. The car cameras of Car 2 and PV1 captured the journey and H
I pursuit of Car 2 from Tsing Kwai Highway to Nan Fung. The CCTV I
J
footage of Nan Fung captured Car 2 breaking the 2 gate barriers. J
K K
23. The car camera of Car 1 captured PW2 boarding Car 1 near
L L
Wai Chi Street Playground until PW3's interception of the defendant.
M M
N N
Mitigation & Sentence
O O
24. The defendant turned 18 nine days ago. He has a clear record.
P P
He was 16 when he committed the offences in this case. Defence counsel
Q Q
Mr. Chan informed me that the defendant is educated up to F.3 level. He
R R
resides with his parents and an elder brother. He did not have a job at the
S S
time of the offences.
T T
U U
V V
由此
- 8 -
A A
25. In mitigation, Mr. Chan submitted that this case began when
B B
the defendant foolishly took a friend's car for a joyride. When he
C C
encountered the police road block, he panicked and tried to get away. The
D D
defendant now understands the seriousness of what he did and is truly
E E
remorseful. He accepts that there is no excuse for what he did. Mr. Chan
F F
stressed that the defendant has been remanded in jail custody for 16 months
G since mid-November 2021. If the court imposes a Training Centre Order, G
H his period of detention may well be longer than the actual time he would H
I need to serve in prison if he was sentenced to imprisonment. I will bear this I
J
in mind when I determine the appropriate punishment for the defendant. J
K K
26. I have viewed the footage of the pursuit of Car 2. The
L L
defendant's driving manner was beyond appalling. He drove in such a
M M
dangerous way in order to avoid apprehension by the Police. It would not be
N N
exaggerating to say that he had disobeyed pretty much all the traffic
O O
regulations, signs, signals and road markings along the way, needless to say
P the extremely high speed driving. It was most fortunate that he did not hit P
Q any pedestrians or crash into any vehicles. Q
R R
S
27. There is no evidence suggesting that the defendant's driving of S
Car 1 and Car 2 had any criminal purposes attached. I accept that he did so
T T
U U
V V
由此
- 9 -
A A
as a frolic, but his frolic went way out of line this time. Other than his
B B
appalling driving manner in relation to Car 2, he committed the offences in
C C
nd
the 2 incident whilst on bail and just 2 months after he got into the same
D D
st
kind of trouble in the 1 incident in relation to Car 1. The defendant clearly
E E
lacks any sense of discipline.
F F
G 28. I do not for one moment praise the defendant's driving manner; G
H however, his ability to control an automobile as an unlicensed teenager H
I impressed me. The defendant seems to be gifted in driving. If he applies his I
J
driving talent and keen interest in automobile appropriately, he would still J
have a bright future.
K K
L L
29. Comments contained in the Training Centre Report are positive.
M M
He has admitted his culpability to the assessing officer and has also
N N
acknowledged his fun-seeking character which attributed to the commission
O O
of the present offences. The assessing officer indicated that the defendant
P was unable to provide a concrete rehabilitation plan. He finds him mentally P
Q and physically fit for Training Centre and considers him suitable for Q
R detention in a Training Centre. R
S S
T T
U U
V V
由此
- 10 -
A A
30. As a general principle, rehabilitation (rather than punishment)
B B
plays an important role in reforming young offenders. I cannot overlook the
C C
defendant's need for rehabilitation. I have reminded myself that correctional
D D
institutions such as Rehabilitation Centres, Detention Centres and Training
E E
Centres exist for the benefit of young offenders. These institutions play an
F F
important role in our penal system.
G G
H 31. I have borne in mind the fact that the defendant has been H
I remanded in jail custody for 16 months and the likely prison term an I
J
offender over the age of 21 would get in the present case. The training J
period in a Training Centre ranges from 6 months to 3 years1. When the
K K
defendant will be released depends on his performance.
L L
M M
32. After careful consideration, I have decided to make a Training
N N
Centre Order, which will be the sentence for all 9 charges. I believe a
O O
Training Centre Order will benefit the defendant most in terms of
P disciplinary training, rehabilitation and punishment. Hopefully, he could P
Q acquire some vocational/academic qualifications or learn a craft during his Q
R training period. R
S S
T T
1
Section 4(2) of the Training Centres Ordinance (Cap.280).
U U
V V
由此
- 11 -
A A
Other orders
B B
C 33. A disqualification order is inevitable for Charge 4. I have C
D borne in mind the comments made by the Court of Appeal generally on D
E
disqualification orders in SJ v Hung Ling Kwok [2010] 4 HKLRD 365 and E
HKSAR v Chan Kim Ching CACC 69/20142. Since the defendant has no
F F
similar conviction, the disqualification period is not less than 6 months3.
G G
Bearing in mind the dangerous level of his driving manner, I make a
H H
disqualification order of 2 years for this charge, which will start to run from
I I
the date of sentencing4.
J J
K K
34. For Charges 3 and 8, the defendant's unlicensed driving
L without adequate protection of insurance renders him a serious threat and L
M danger to other road users. Hence, for Charge 8, I make a disqualification M
N order of 12 months5; and for Charge 3, a disqualification order of 18 months, N
both of which shall run from the date of conviction 6.
O O
P P
Q Q
R 2 R
An unreported Chinese judgment.
3
See section 37(2) and (2A)(a) of Cap.374.
4
Since the defendant has no previous conviction of a "relevant scheduled offence", by virtue of
S section 69A(1)(b) of Cap.374, the entire section 69A does not apply. Hence, the court has no S
power to order the disqualification period not to start to run until he finishes serving he prison
term.
T 5
The disqualification period shall be not less than 12 months or more than 3 years. T
6
Section 4(2)(a) of Cap.272.
U U
V V
由此
- 12 -
A A
35. In order to rectify the defendant's reckless and irresponsible
B B
behaviour in relation to his driving, I should order him to complete a
C C
Driving Improvement Course. But since he has no driving licence, if he
D D
wants to drive legally, he needs to start learning from scratch. Thus, I do not
E E
see the need for him to complete a Driving Improvement Course. I make no
F F
order in this regard for Charge 4.
G G
H H
I I
(G. Lam)
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
由此
A A
B DCCC 547/2022 B
[2023] HKDC 408
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO. 547 OF 2022 E
F F
____________
G G
HKSAR
H v H
CHEUNG Kwong-ki
I I
____________
J J
K Before : H.H. Judge G. Lam K
Date : 23 March 2023
L Present : Ms. Catherine Xiao, PP, of the Department of Justice, L
for HKSAR.
M
Mr. Robert Chan instructed by M/s Wong & Co., M
assigned by the Director of Legal Aid, for the
defendant.
N N
Offences : (1) & (9) Taking conveyance without authority （未獲
授權而取用運輸工具）
O O
(2) & (7) Driving without a valid driving licence（駕
駛時無有效駕駛執照）
P P
(3) & (8) Using a motor vehicle without third party
insurance（沒有第三者保險而使用汽車）
Q Q
(4) Dangerous driving （危險駕駛）
(5) Failing to report an accident involving damage （沒
R R
有報告涉及損害的意外）
(6) Failing to stop after accident whereby damage was
S S
caused to other things（發生意外以致其他東西受到
損害後沒有停車）
T T
U U
V V
由此
- 2 -
A A
B B
REASONS FOR SENTENCE
C C
D The defendant pleaded guilty to 9 charges of driving-related D
E offences. He was only 16 at the time of all 9 offences. He did not have a E
F valid driving licence. Respectively in September and November 2021, the F
G
defendant took his friend's car for a joyride when that friend was drunk. G
H H
Summary of Facts
I I
J The 1st incident (Charges 7 to 9) J
K K
2. Mr. Wu (PW1) was the registered owner of a private car
L L
XM6579 (Car 1). He held a valid 3rd party insurance policy for Car 1.
M M
N 3. On 10 September 2021, PW1 became drunk during dinner with N
O the defendant. He did not, however, authorize anyone to drive Car 1. O
P P
4. About 10:30 in that evening, WPC 25509 (PW3) saw a male
Q Q
boarding Car 1 near Wai Chi Street Playground in Shek Kip Mei, Kowloon.
R R
The defendant was driving Car 1 at that time. This is Charges 7 and 9.
S S
T T
U U
V V
由此
- 3 -
A A
5. A few minutes later, PW3 intercepted the defendant at Wai Chi
B B
Street near the junction with Wai Lun Street. The key of Car 1 was found
C C
inside the vehicle. Since the defendant did not have a valid driving licence,
D D
he committed the offence in Charge 8 as well.
E E
F F
6. PW1 found his car key missing on 11 September 2021.
G G
H The 2nd incident (Charges 1 to 6) H
I I
7. In the evening on 12 November 2021, Mr. Ng (PW5) rented a
J J
private car VT1310 (Car 2) from a car rental company for a month. Car 2
K K
was covered by 3rd party insurance.
L L
M 8. About 8:00 p.m. on 13 November 2021, PW5 was having M
N dinner with the defendant in Shek Kip Mei. PW5 told the defendant that he N
had rented a car and had parked it at some place nearby. PW5 placed the key
O O
of Car 2 on the table. The key was labelled with Car 2's plate number.
P P
Q Q
9. PW5 became drunk during dinner. He did not authorize the
R R
defendant to drive Car 2 because he knew that the defendant did not have a
S S
driving licence.
T T
U U
V V
由此
- 4 -
A A
10. About 3:15 a.m. on 14 November 2021, the Police set up a road
B B
block near Chainage 11.1N of Tsing Kwai Highway.
C C
D D
11. About 4:07 a.m. the same day, Car 2 was approaching the road
E E
block. Ag. Sgt 9689 (PW8) directed it to stop. He saw a male driver, 3
F F
passengers and a dog in Car 2. This is Charges 1 and 2.
G G
H 12. Despite PW8 and Sgt 34369 (PW9) shouting at it to stop, Car 2 H
I did not stop; it sped up and went through the road block instead. I
J J
13. Two police vehicles (PV1 and PV2) immediately gave chase
K K
with their sirens and flashing lights turned on. PW9 was on PV1; whereas
L L
PW8 and PC 6524, PV2.
M M
N N
14. The pursuit of Car 2 began at Tsing Kwai Highway and went
O O
through Cheung Tsing Tunnel and Cheung Tsing Highway. It continued
P onto Lantau Link, North Lantau Highway, Shun Long Road and Tuen P
Q Mun-Chek Lap Kok Tunnel Road. Car 2 turned into Lung Fu Road in Tuen Q
R Mun around 4:17 a.m. and reached Hoi Wong Road about 2 minutes later. R
S
The pursuit continued in Tuen Mun on Wu Chui Road, Wu Shan Road, S
Lung Mun Road and Tin Hau Road. Finally, Car 2 turned into Nan Fung
T T
U U
V V
由此
- 5 -
A A
Industrial City, No.18 Tin Hau Road, Tuen Mun ("Nan Fung") around 4:28
B B
in the same morning. The pursuit lasted for about 20 minutes covering a
C C
total distance of about 42 km.
D D
E E
15. When being pursued by both PVs, Car 2 was driven at
F F
extremely high speed. Based on the speed displays on PV1 and PV2, the
G speed of Car 2 must have reached 200 km/h, 140 km/h, 170 km/h, 130 km/h, G
H 150-160 km/h and 90 km/h at different road segments of the pursuit. H
I I
J
16. The driver of Car 2 ignored the sirens and flashing lights of J
both PVs as well as repeated verbal orders to stop announced through the
K K
PVs' loudspeakers. He also jumped multiple red lights; drove in an
L L
aggressive and dangerous manner to prevent the PVs from overtaking Car 2;
M M
disobeyed traffic signs and road markings (including crossing double white
N N
lines; making an unlawful U-turn; and driving against the traffic direction).
O O
This is Charge 4.
P P
Q 17. Upon reaching Nan Fung, Car 2 was driven through the bar of Q
R the exit gate and went inside against the traffic direction. It then came out of R
S
the entrance and broke another bar of a gate. This is Charges 5 and 6. S
T T
U U
V V
由此
- 6 -
A A
18. Car 2 was later found outside Luen Cheong Can Centre, No.8
B B
Yip Wong Road, Tuen Mun ("Luen Cheong"). No one was in the vehicle.
C C
D D
19. About 9:15 in the same morning, PW8 intercepted the
E E
defendant. He told PW8 where he had placed the key of Car 2. He said he
F F
had hidden the car key because he was afraid of being caught. PW8 arrested
G the defendant around 9:47 that morning. Since the defendant did not have a G
H valid driving licence, he committed the offence in Charge 3 as well. H
I I
J
20. Under caution, the defendant admitted having stolen Car 2 J
from a friend. About 8:30 in the evening on 13 November 2021, he was
K K
having dinner with the owner of Car 2 at Shek Kip Mei. He stole the key of
L L
Car 2 and drove it away when the owner was drunk. The defendant also
M M
admitted that he did not have a driving licence. He took his friend's car for
N N
fun and his friend did not know about it.
O O
P 21. In his video recorded interview, the defendant explained how P
Q he committed Charges 1 to 6. Regarding Charge 1, he claimed that he was Q
R having dinner with PW5. PW5 told the defendant that he had recently R
S
rented Car 2 and it was parked near Berwick Street. PW5 placed the car key S
on the table. PW5 became drunk and left by taxi. The defendant took the
T T
U U
V V
由此
- 7 -
A A
car key and went to Berwick Street. He drove Car 2 to Cheung Sha Wan and
B B
picked up some friends for a joyride. Regarding Charges 5 and 6, the
C C
defendant claimed that upon reaching Tin Hau Road, there were no other
D D
ways to go; he could only drive into Nan Fung. He accidentally hit the gate
E E
barriers. He did not stop because he was scared and did not know what to do.
F F
He did not call the Police because he was being chased by them.
G G
H 22. The car cameras of Car 2 and PV1 captured the journey and H
I pursuit of Car 2 from Tsing Kwai Highway to Nan Fung. The CCTV I
J
footage of Nan Fung captured Car 2 breaking the 2 gate barriers. J
K K
23. The car camera of Car 1 captured PW2 boarding Car 1 near
L L
Wai Chi Street Playground until PW3's interception of the defendant.
M M
N N
Mitigation & Sentence
O O
24. The defendant turned 18 nine days ago. He has a clear record.
P P
He was 16 when he committed the offences in this case. Defence counsel
Q Q
Mr. Chan informed me that the defendant is educated up to F.3 level. He
R R
resides with his parents and an elder brother. He did not have a job at the
S S
time of the offences.
T T
U U
V V
由此
- 8 -
A A
25. In mitigation, Mr. Chan submitted that this case began when
B B
the defendant foolishly took a friend's car for a joyride. When he
C C
encountered the police road block, he panicked and tried to get away. The
D D
defendant now understands the seriousness of what he did and is truly
E E
remorseful. He accepts that there is no excuse for what he did. Mr. Chan
F F
stressed that the defendant has been remanded in jail custody for 16 months
G since mid-November 2021. If the court imposes a Training Centre Order, G
H his period of detention may well be longer than the actual time he would H
I need to serve in prison if he was sentenced to imprisonment. I will bear this I
J
in mind when I determine the appropriate punishment for the defendant. J
K K
26. I have viewed the footage of the pursuit of Car 2. The
L L
defendant's driving manner was beyond appalling. He drove in such a
M M
dangerous way in order to avoid apprehension by the Police. It would not be
N N
exaggerating to say that he had disobeyed pretty much all the traffic
O O
regulations, signs, signals and road markings along the way, needless to say
P the extremely high speed driving. It was most fortunate that he did not hit P
Q any pedestrians or crash into any vehicles. Q
R R
S
27. There is no evidence suggesting that the defendant's driving of S
Car 1 and Car 2 had any criminal purposes attached. I accept that he did so
T T
U U
V V
由此
- 9 -
A A
as a frolic, but his frolic went way out of line this time. Other than his
B B
appalling driving manner in relation to Car 2, he committed the offences in
C C
nd
the 2 incident whilst on bail and just 2 months after he got into the same
D D
st
kind of trouble in the 1 incident in relation to Car 1. The defendant clearly
E E
lacks any sense of discipline.
F F
G 28. I do not for one moment praise the defendant's driving manner; G
H however, his ability to control an automobile as an unlicensed teenager H
I impressed me. The defendant seems to be gifted in driving. If he applies his I
J
driving talent and keen interest in automobile appropriately, he would still J
have a bright future.
K K
L L
29. Comments contained in the Training Centre Report are positive.
M M
He has admitted his culpability to the assessing officer and has also
N N
acknowledged his fun-seeking character which attributed to the commission
O O
of the present offences. The assessing officer indicated that the defendant
P was unable to provide a concrete rehabilitation plan. He finds him mentally P
Q and physically fit for Training Centre and considers him suitable for Q
R detention in a Training Centre. R
S S
T T
U U
V V
由此
- 10 -
A A
30. As a general principle, rehabilitation (rather than punishment)
B B
plays an important role in reforming young offenders. I cannot overlook the
C C
defendant's need for rehabilitation. I have reminded myself that correctional
D D
institutions such as Rehabilitation Centres, Detention Centres and Training
E E
Centres exist for the benefit of young offenders. These institutions play an
F F
important role in our penal system.
G G
H 31. I have borne in mind the fact that the defendant has been H
I remanded in jail custody for 16 months and the likely prison term an I
J
offender over the age of 21 would get in the present case. The training J
period in a Training Centre ranges from 6 months to 3 years1. When the
K K
defendant will be released depends on his performance.
L L
M M
32. After careful consideration, I have decided to make a Training
N N
Centre Order, which will be the sentence for all 9 charges. I believe a
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Training Centre Order will benefit the defendant most in terms of
P disciplinary training, rehabilitation and punishment. Hopefully, he could P
Q acquire some vocational/academic qualifications or learn a craft during his Q
R training period. R
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1
Section 4(2) of the Training Centres Ordinance (Cap.280).
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由此
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A A
Other orders
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C 33. A disqualification order is inevitable for Charge 4. I have C
D borne in mind the comments made by the Court of Appeal generally on D
E
disqualification orders in SJ v Hung Ling Kwok [2010] 4 HKLRD 365 and E
HKSAR v Chan Kim Ching CACC 69/20142. Since the defendant has no
F F
similar conviction, the disqualification period is not less than 6 months3.
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Bearing in mind the dangerous level of his driving manner, I make a
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disqualification order of 2 years for this charge, which will start to run from
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the date of sentencing4.
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K K
34. For Charges 3 and 8, the defendant's unlicensed driving
L without adequate protection of insurance renders him a serious threat and L
M danger to other road users. Hence, for Charge 8, I make a disqualification M
N order of 12 months5; and for Charge 3, a disqualification order of 18 months, N
both of which shall run from the date of conviction 6.
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R 2 R
An unreported Chinese judgment.
3
See section 37(2) and (2A)(a) of Cap.374.
4
Since the defendant has no previous conviction of a "relevant scheduled offence", by virtue of
S section 69A(1)(b) of Cap.374, the entire section 69A does not apply. Hence, the court has no S
power to order the disqualification period not to start to run until he finishes serving he prison
term.
T 5
The disqualification period shall be not less than 12 months or more than 3 years. T
6
Section 4(2)(a) of Cap.272.
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V V
由此
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A A
35. In order to rectify the defendant's reckless and irresponsible
B B
behaviour in relation to his driving, I should order him to complete a
C C
Driving Improvement Course. But since he has no driving licence, if he
D D
wants to drive legally, he needs to start learning from scratch. Thus, I do not
E E
see the need for him to complete a Driving Improvement Course. I make no
F F
order in this regard for Charge 4.
G G
H H
I I
(G. Lam)
J District Judge J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V