A A
B B
DCCC 317/2022
C [2023] HKDC 1562 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 317 OF 2022
F F
G ———————— G
HKSAR
H H
v
I CHUI KA KI (D2) I
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J J
K Before: His Honour Judge E Yip in Court K
Date: 10 November 2023
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Present: Mr Anson Lai, Public Prosecutor, for HKSAR
M Mr Simon Young N M, instructed by Au Yeung, Chan & Ho, M
assigned by the Director of Legal Aid, for the 2 nd Defendant
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Offence: [2] Assault occasioning actual bodily harm (襲擊他人致造成
O O
身體傷害)
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REASONS FOR SENTENCE
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-2-
A A
B B
Charges
C C
1. D2 pleads guilty to assault occasioning actual bodily harm,
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contrary to Common Law and punishable under section 39 of the Offences
E against the Person Ordinance, Cap 212, against D2 together with D1, D3, E
and two unknown persons.
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G Facts G
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2. In early July 2020, X came to know D2 via a dating app. They
I had consensual sexual intercourse in July and August 2020. After that they I
did not contact each other.
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K 3. On 21 July 2020, X asked D2 to meet up in a room at Kowloon K
Hotel. At around 1930 hours, when X and D2 were inside the room, D2
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said that she wanted to order takeaway. She opened the door for D1, D3
M and two unknown males (“Male A” and “Male B”). D2 left the room. M
N N
4. After the four entered the room, D3 stood next to the door and
O while holding a folding knife of around 10 cm in length. Male A and Male O
B accused X of having an affair with D2. D1, Male A and Male B then
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assaulted X barehanded for about 10 minutes. During the assault, Male A
Q searched X’s backpack and found X’s wallet while held the folding knife Q
R
and looking at X without taking part in the assault. R
S S
5. At around 2130 hours, ie, 2 hours after their entry into the
T
room, the four left the room. T
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V V
-3-
A A
B B
6. X attended the hospital and was diagnosed to have redness
C and bruising on his left lower eyelid, and laceration on the back of his scalp C
and left lower eyelid. Six stitches were applied to the laceration.
D D
E CCTV footage E
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7. The CCTV footage captured as follows:
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(1) D2 and D1, D3, Male A and Male B were inside a room
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at Imperial Hotel, later found to be rented by D1 before
I the incident; I
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(2) After D2 opened the room door at Kowloon Hotel, D1,
K D3, Male A and Male B entered the room; K
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(3) After the incident, D3 gave D1 some money in the
M elevator at Imperial Hotel; M
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(4) D1 and D3 entered the room at Imperial Hotel after the
O incident. O
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What D2 told the police
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R
8. After arrest and caution by the police, D2 said she told D1 that R
X had asked her to the room at Kowloon Hotel and she heard D1 say that
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he would bring some people to assault X;
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U U
V V
-4-
A A
B B
9. In the subsequent VRI, D2 admitted her being a sex partner
C with X. D1 became very angry after discovering that. When X asked her C
to go to the room, she told D1 about it because D1 had once told her that
D D
he wanted to vent his anger. She called D1 to tell him of her arrival at the
E room. After 15 – 20 minutes, D1 rang the bell of the room. She opened E
the door for D1 and the other three to enter. Then she left.
F F
G Mitigation G
H H
10. D2 is 28 years of age. She came to know X in early July 2020,
I and had sex with X on 2 occasions in the summer of 2020 when she was I
still living with D1 and their two children. She separated from D1 since
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November 2020. They obtained the decree absolute for divorce in
K September 2022. She takes care of her two children and her mother. Her K
father passed away in 2016. Her younger brother is working in the food
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service industry. They all live together. She also does most of the
M housework, including buying groceries and cooking. M
N N
11. Her son was diagnosed with Autism Spectrum Disorder and
O Developmental Delay in 2019 when he was 3 years old. He was registered O
with the Social Welfare Department as a case of mental disability in need
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of long-term special clinical treatment. He has to attend frequent regular
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clinical treatment. D2 is his primary carer. They have a very close and
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good relationship. R
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12. She has a clear record.
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U U
V V
-5-
A A
B B
13. Her counsel asks me to consider probation or community
C service. As her case is within range of such options, I order the reports C
accordingly.
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E Sentencing D2 E
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14. D2 is remorseful for procuring the assault on X. She has been
G a responsible and caring parent throughout and making great efforts to take G
care of her mother as well. She had been in custody for 42 days due to this
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case and learned a bitter lesson. The community service report is a positive
I one. On Charge 2, I order 96 hours’ community service for her. She agrees I
to comply with the terms.
J J
K K
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( E Yip )
M District Judge M
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