A A
B B
DCCC 257/2017
C C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 257 OF 2017
F F
G ------------------------ G
HKSAR
H H
v
I MOK KEVIN I
-------------------------
J J
K Before: Deputy District Judge M Chow K
Date: 27 July 2017
L L
Present: Ms Angel Yuen, PP of the Department of Justice, for HKSAR
M Mr Yaddy Cheung of Cheung & Liu, assigned by the Director M
of Legal Aid, for the defendant
N N
Offence: Indecent assault on another person (猥褻侵犯另一人)
O O
P
--------------------------------------- P
REASONS FOR SENTENCE
Q Q
---------------------------------------
R R
1. The defendant pleaded guilty before me for a charge of
S S
indecent assault, contrary to section 122(1) of the Crimes Ordinance, Cap
T 200. T
U U
V V
-2-
A A
B B
Summary of facts
C C
2. X was a girl aged 15 at the material time. She lives in a
D D
domestic building without lift. Before entering the building, there is a long
E and narrow stair of about 20 steps leading up to the gate. E
F F
The first incident
G G
3. At about 9:45 pm, X noticed the defendant walk up the stairs
H H
behind her. Suddenly, the defendant overtook X, turned around and
I bumped onto X’s whole body. Defendant continued to rush downstairs. I
J J
The incident
K K
4. At around 9:30 pm on 30 November 2016, X walked up the
L L
stair to the metal gate of the building. She saw the defendant walk up
M behind her. Believing the defendant was also a resident in the same M
building, she continued to press the passcode to open the metal gate.
N N
O 5. When she reached the 2nd floor, the defendant suddenly put O
both of his hands on her shoulders from behind and pulled her down two
P P
steps. X recognised the defendant from the previous occasions. She
Q wanted to scream, but her mouth was covered by his hand. Defendant used Q
his left hand to rub her breasts outside her school uniform for about 5 to 10
R R
seconds. X eventually struggled free. The defendant fled down the stair
S while X went home. S
T T
6. The incident was reported to the police.
U U
V V
-3-
A A
B B
C The third incident C
D D
7. At around 9:43 pm on 10 January 2017, when X was entering
E the passcode of the metal gate, she heard the footsteps and turned around E
to find the defendant was running upstairs. X immediately went in and
F F
shut the gate. The defendant then fled.
G G
8. On each occasion, the defendant was wearing a face mask.
H H
CCTV footage showed that the defendant had followed X for about three
I minutes before the two incidents on the date of offence and also on the I
January incident.
J J
K 9. When the defendant was arrested by the police on 23 January K
2017, he admitted under caution that he had molested X. One face mask
L L
was also found in his pocket.
M M
10. In the subsequent video-record of interviews, the defendant
N N
admitted that：-
O O
P (a) On 24 November 2016, he saw X and started to follow her to P
check out the surroundings before he committed the offence.
Q Q
He saw X enter her flat. He left.
R R
(b) On the date of offence, he saw X again. He followed her into
S S
the building. When they reached the 2nd floor, he put his left
T hand over X’s mouth from behind and touched her breasts T
with his right palm.
U U
V V
-4-
A A
B B
C (c) As to 10 January 2017, he saw X again and followed her, but C
she shut the metal gate before he could enter into the building.
D D
E (d) On 23 January 2017, he wanted to try his luck as he did not E
know when X would appear. He carried a face mask to cover
F F
his face if he molested X again.
G G
Previous conviction
H H
I 11. He has one previous conviction for causing wasteful I
employment of police in May 2011 and was fined for $1,000.
J J
K Mitigation K
L L
12. Defendant is 23, single, lives with his parents. An elder
M brother lives in Australia. His parents always compared him to his M
successful brother.
N N
O 13. Defendant is a Year 4 student and is due to graduate this O
P
summer, but because of the present offence, he dropped out in February P
2017.
Q Q
R
14. He committed the present offence to relieve his stress and R
anxiety. He was co-operative to the police investigation and make full and
S S
frank confessions. He pleaded guilty and saved the embarrassment of the
T victim to recount the incident in court. The incident was a few seconds and T
U U
V V
-5-
A A
B B
was on the lighter scale. The defendant started to receive counselling
C programme since February 2017. C
D D
15. The defendant in his mitigating letter says that he is now
E remorseful. He felt sorry for what he had done to the victim. He asks for E
a lenient sentence such as probation officer report and CSO report so that
F F
he could continue his studies.
G G
16. His friends from the church also mitigate on his behalf, saying
H H
that he is now truly remorseful and ask for leniency in passing sentence.
I Today, his friends from the church, social worker and his mother are in I
court to support him.
J J
K The psychologist’s report of X K
L L
17. At the time of assessment for this report, when she talked
M about the indecent-assault incident, she still cried. She is still experiencing M
stress. The psychologist assessed that, “fortunately, it is not clinically
N N
significant.”
O O
18. She believed that the defendant had planned for the
P P
commission of the offence. When the defendant followed her for the
Q second time after making a police report, she thought that the risk of Q
reoccurrence is still high.
R R
S 19. The psychologist concludes that the indecent-assault incident S
has caused her “fear and self-blame”. However, there is no indication that
T T
U U
V V
-6-
A A
B B
she is suffering from a significant level of post-traumatic stress disorder
C symptoms. C
D D
The psychologist’s report of the defendant
E E
20. The report stated that the defendant committed the present
F F
offence “by the use of sex to cope with his academic stress and work
G frustration. His risk of sexual recidivism of offences with similar nature is G
at the high end of moderate risk”. He expressed worry about the impact of
H H
the offence on his career prospect. Psychological treatment is
I recommended. I
J J
Psychiatrist’s report
K K
21. Dr Liu opined that the defendant’s choice of victim during the
L L
current index offence and his repeated choices of young girlfriends,
M “paedophilic tendency towards teenage young girls is highly suspected.” M
Dr Liu also considered that “his stalking behaviour is worrying”. His job
N N
as “private tutor for young children also places him in high-risk
O environment and could increase the risk of re-offending. Psychological O
treatment could be beneficial to him”.
P P
Q 22. Today, in mitigations, the defence told me that the defendant Q
no longer maintained his position as stated in paragraph 5 of the
R R
psychiatrist’s report that he denied following the victim. He agreed that
S “he was attracted to the victim because of her age”. S
T T
23. As to the paragraph 10 of the psychologist’s report, he no
U U
V V
-7-
A A
B B
longer denied that he bumped into the girl and he checked out the
C surrounding to plan for the commission of the offence. He affirmed the C
content of the Summary of Facts.
D D
E Sentence E
F F
24. There is no doubt that the defendant committed a very serious
G offence. There is no set tariff for this kind of offence. Each case depends G
on its own fact and circumstances. The maximum sentence is 10 years.
H H
I 25. In passing sentence, this court has called for three reports: one I
psychologist’s report of the victim, two reports of the defendant, namely,
J J
psychiatrist’s and psychologist’s reports which have been summarised in
K previous paragraphs. K
L L
26. The parties also referred me to a case of HKSAR v
M Cheuk Ho Kit DCCC 363/2016. The defendant followed a 22-year-old M
young woman to a stair landing, covered her mouth from behind and
N N
squeezed her breasts for about five seconds. The victim feigned an asthma
O attack. The defendant comforted her. Then he left. The defendant had O
other convictions, among which was another incident of indecent assault.
P P
At the end, he was sentenced to 22 months’ imprisonment.
Q Q
27. However, in the present case, it is far worse than
R R
DCCC 363/2016. There are a number of aggravating features in this case.
S S
28. The victim is a 15 years old student.
T T
U U
V V
-8-
A A
B B
29. Before the commission of the offence, the defendant had
C followed the victim to the building where she lived. Clearly, that was to C
check out the surrounding environment of the building and the route of
D D
escape.
E E
30. He was wearing a facial mask. The purpose was to cover up
F F
his facial features.
G G
31. One cannot dispute that it was a well-planned, calculated and
H H
premeditated act.
I I
32. One week later, he followed the victim back to her building
J J
and indecently assaulted her.
K K
33. The incident took place behind the gate of a building. That
L L
was on the 2nd floor. It was away from the street so that the public could
M not see what happened upstairs , but was close to the gate. M
N N
34. In both incidents, it was about 9:30 pm. This was a domestic
O building. Most residents should have gone home after work. It should be O
quiet at that time. However, if anyone opened the gate, the defendant could
P P
hear the noise and it was easy for him to make an escape.
Q Q
35. When the victim reached two steps up the staircase on
R R
2nd floor, the defendant suddenly put both hands on X’s shoulder from
S behind and pulled her down to the landing and covered her mouth to S
prevent her from screaming. He used his other hand to rub her breasts for
T T
U U
V V
-9-
A A
B B
5 to 10 seconds. That must be an alarming and frightening experience for
C the victim. C
D D
36. There was a gate in her residential building. She must have
E considered it safe to go upstairs and did not expect that to happen. This E
traumatic experience has caused her crying spells, flashback and great
F F
distress. It is fortunate that she did not suffer from a significant level of
G post-traumatic stress disorder symptom. While the psychiatric report says G
that the defendant had very little empathy for the victim, he went for
H H
counselling because he worried about his own future. The defendant is in
I fact a cold-hearted person. He has no regard to the feelings of the victim. I
J J
37. Both reports say that the defendant carried out the commission
K of the offence was to release his own stress from schoolworks and his part- K
time job. As his counsel rightly pointed out, he is a selfish person.
L L
M 38. There was another incident, the third incident, that the M
defendant came back to the victim. It was a narrow escape for X as she
N N
was quick enough to shut the gate before the defendant could go into the
O building. The defendant admitted to the police that he wanted to molest O
the victim again.
P P
Q 39. Anyone can easily understand why the victim has such a Q
worry that she did not feel safe. The defendant was simply dauntless. On
R R
the fourth occasion, when he was arrested by the police, he told the police
S that he wanted to try his luck again. S
T T
40. He repeatedly preyed on the same young, lone and vulnerable
U U
V V
- 10 -
A A
B B
victim. His behaviour/conduct imposes a high risk to the society.
C C
41. The prosecution has been generous to him for not laying any
D D
further charges against him for at least the first and the third occasion. In
E passing sentence, I bear in mind that he only faced one charge. E
F F
42. In his own mitigating letter, he apologised to the victim for
G what he had done to her, however, it was purely lip service. He is asking G
for a non-custodial sentence. This is his wishful thinking. When he
H H
planned for this crime, he should have thought about the consequences.
I I
43. Finally, I agree with the defence that the defendant’s criminal
J J
record in 2011 was a spent record under the Rehabilitation of Offenders
K Ordinance, Cap 297. K
L L
44. Having considered all the above factors, there is only one
M mitigating factor in his favour, that is his guilty plea. M
N N
45. To this end, I consider that a 3 years’ sentence is necessary to
O bring home to the defendant that the court will not tolerate this kind of O
conduct. I reduce the sentence to 2 years because of his guilty plea. He
P P
should continue to receive psychological treatment during his term of
Q imprisonment. Q
R R
46. Should he re-offend again, he can only expect a heavier
S sentence. S
T T
( M Chow )
Deputy District Judge
U U
V V
A A
B B
DCCC 257/2017
C C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 257 OF 2017
F F
G ------------------------ G
HKSAR
H H
v
I MOK KEVIN I
-------------------------
J J
K Before: Deputy District Judge M Chow K
Date: 27 July 2017
L L
Present: Ms Angel Yuen, PP of the Department of Justice, for HKSAR
M Mr Yaddy Cheung of Cheung & Liu, assigned by the Director M
of Legal Aid, for the defendant
N N
Offence: Indecent assault on another person (猥褻侵犯另一人)
O O
P
--------------------------------------- P
REASONS FOR SENTENCE
Q Q
---------------------------------------
R R
1. The defendant pleaded guilty before me for a charge of
S S
indecent assault, contrary to section 122(1) of the Crimes Ordinance, Cap
T 200. T
U U
V V
-2-
A A
B B
Summary of facts
C C
2. X was a girl aged 15 at the material time. She lives in a
D D
domestic building without lift. Before entering the building, there is a long
E and narrow stair of about 20 steps leading up to the gate. E
F F
The first incident
G G
3. At about 9:45 pm, X noticed the defendant walk up the stairs
H H
behind her. Suddenly, the defendant overtook X, turned around and
I bumped onto X’s whole body. Defendant continued to rush downstairs. I
J J
The incident
K K
4. At around 9:30 pm on 30 November 2016, X walked up the
L L
stair to the metal gate of the building. She saw the defendant walk up
M behind her. Believing the defendant was also a resident in the same M
building, she continued to press the passcode to open the metal gate.
N N
O 5. When she reached the 2nd floor, the defendant suddenly put O
both of his hands on her shoulders from behind and pulled her down two
P P
steps. X recognised the defendant from the previous occasions. She
Q wanted to scream, but her mouth was covered by his hand. Defendant used Q
his left hand to rub her breasts outside her school uniform for about 5 to 10
R R
seconds. X eventually struggled free. The defendant fled down the stair
S while X went home. S
T T
6. The incident was reported to the police.
U U
V V
-3-
A A
B B
C The third incident C
D D
7. At around 9:43 pm on 10 January 2017, when X was entering
E the passcode of the metal gate, she heard the footsteps and turned around E
to find the defendant was running upstairs. X immediately went in and
F F
shut the gate. The defendant then fled.
G G
8. On each occasion, the defendant was wearing a face mask.
H H
CCTV footage showed that the defendant had followed X for about three
I minutes before the two incidents on the date of offence and also on the I
January incident.
J J
K 9. When the defendant was arrested by the police on 23 January K
2017, he admitted under caution that he had molested X. One face mask
L L
was also found in his pocket.
M M
10. In the subsequent video-record of interviews, the defendant
N N
admitted that：-
O O
P (a) On 24 November 2016, he saw X and started to follow her to P
check out the surroundings before he committed the offence.
Q Q
He saw X enter her flat. He left.
R R
(b) On the date of offence, he saw X again. He followed her into
S S
the building. When they reached the 2nd floor, he put his left
T hand over X’s mouth from behind and touched her breasts T
with his right palm.
U U
V V
-4-
A A
B B
C (c) As to 10 January 2017, he saw X again and followed her, but C
she shut the metal gate before he could enter into the building.
D D
E (d) On 23 January 2017, he wanted to try his luck as he did not E
know when X would appear. He carried a face mask to cover
F F
his face if he molested X again.
G G
Previous conviction
H H
I 11. He has one previous conviction for causing wasteful I
employment of police in May 2011 and was fined for $1,000.
J J
K Mitigation K
L L
12. Defendant is 23, single, lives with his parents. An elder
M brother lives in Australia. His parents always compared him to his M
successful brother.
N N
O 13. Defendant is a Year 4 student and is due to graduate this O
P
summer, but because of the present offence, he dropped out in February P
2017.
Q Q
R
14. He committed the present offence to relieve his stress and R
anxiety. He was co-operative to the police investigation and make full and
S S
frank confessions. He pleaded guilty and saved the embarrassment of the
T victim to recount the incident in court. The incident was a few seconds and T
U U
V V
-5-
A A
B B
was on the lighter scale. The defendant started to receive counselling
C programme since February 2017. C
D D
15. The defendant in his mitigating letter says that he is now
E remorseful. He felt sorry for what he had done to the victim. He asks for E
a lenient sentence such as probation officer report and CSO report so that
F F
he could continue his studies.
G G
16. His friends from the church also mitigate on his behalf, saying
H H
that he is now truly remorseful and ask for leniency in passing sentence.
I Today, his friends from the church, social worker and his mother are in I
court to support him.
J J
K The psychologist’s report of X K
L L
17. At the time of assessment for this report, when she talked
M about the indecent-assault incident, she still cried. She is still experiencing M
stress. The psychologist assessed that, “fortunately, it is not clinically
N N
significant.”
O O
18. She believed that the defendant had planned for the
P P
commission of the offence. When the defendant followed her for the
Q second time after making a police report, she thought that the risk of Q
reoccurrence is still high.
R R
S 19. The psychologist concludes that the indecent-assault incident S
has caused her “fear and self-blame”. However, there is no indication that
T T
U U
V V
-6-
A A
B B
she is suffering from a significant level of post-traumatic stress disorder
C symptoms. C
D D
The psychologist’s report of the defendant
E E
20. The report stated that the defendant committed the present
F F
offence “by the use of sex to cope with his academic stress and work
G frustration. His risk of sexual recidivism of offences with similar nature is G
at the high end of moderate risk”. He expressed worry about the impact of
H H
the offence on his career prospect. Psychological treatment is
I recommended. I
J J
Psychiatrist’s report
K K
21. Dr Liu opined that the defendant’s choice of victim during the
L L
current index offence and his repeated choices of young girlfriends,
M “paedophilic tendency towards teenage young girls is highly suspected.” M
Dr Liu also considered that “his stalking behaviour is worrying”. His job
N N
as “private tutor for young children also places him in high-risk
O environment and could increase the risk of re-offending. Psychological O
treatment could be beneficial to him”.
P P
Q 22. Today, in mitigations, the defence told me that the defendant Q
no longer maintained his position as stated in paragraph 5 of the
R R
psychiatrist’s report that he denied following the victim. He agreed that
S “he was attracted to the victim because of her age”. S
T T
23. As to the paragraph 10 of the psychologist’s report, he no
U U
V V
-7-
A A
B B
longer denied that he bumped into the girl and he checked out the
C surrounding to plan for the commission of the offence. He affirmed the C
content of the Summary of Facts.
D D
E Sentence E
F F
24. There is no doubt that the defendant committed a very serious
G offence. There is no set tariff for this kind of offence. Each case depends G
on its own fact and circumstances. The maximum sentence is 10 years.
H H
I 25. In passing sentence, this court has called for three reports: one I
psychologist’s report of the victim, two reports of the defendant, namely,
J J
psychiatrist’s and psychologist’s reports which have been summarised in
K previous paragraphs. K
L L
26. The parties also referred me to a case of HKSAR v
M Cheuk Ho Kit DCCC 363/2016. The defendant followed a 22-year-old M
young woman to a stair landing, covered her mouth from behind and
N N
squeezed her breasts for about five seconds. The victim feigned an asthma
O attack. The defendant comforted her. Then he left. The defendant had O
other convictions, among which was another incident of indecent assault.
P P
At the end, he was sentenced to 22 months’ imprisonment.
Q Q
27. However, in the present case, it is far worse than
R R
DCCC 363/2016. There are a number of aggravating features in this case.
S S
28. The victim is a 15 years old student.
T T
U U
V V
-8-
A A
B B
29. Before the commission of the offence, the defendant had
C followed the victim to the building where she lived. Clearly, that was to C
check out the surrounding environment of the building and the route of
D D
escape.
E E
30. He was wearing a facial mask. The purpose was to cover up
F F
his facial features.
G G
31. One cannot dispute that it was a well-planned, calculated and
H H
premeditated act.
I I
32. One week later, he followed the victim back to her building
J J
and indecently assaulted her.
K K
33. The incident took place behind the gate of a building. That
L L
was on the 2nd floor. It was away from the street so that the public could
M not see what happened upstairs , but was close to the gate. M
N N
34. In both incidents, it was about 9:30 pm. This was a domestic
O building. Most residents should have gone home after work. It should be O
quiet at that time. However, if anyone opened the gate, the defendant could
P P
hear the noise and it was easy for him to make an escape.
Q Q
35. When the victim reached two steps up the staircase on
R R
2nd floor, the defendant suddenly put both hands on X’s shoulder from
S behind and pulled her down to the landing and covered her mouth to S
prevent her from screaming. He used his other hand to rub her breasts for
T T
U U
V V
-9-
A A
B B
5 to 10 seconds. That must be an alarming and frightening experience for
C the victim. C
D D
36. There was a gate in her residential building. She must have
E considered it safe to go upstairs and did not expect that to happen. This E
traumatic experience has caused her crying spells, flashback and great
F F
distress. It is fortunate that she did not suffer from a significant level of
G post-traumatic stress disorder symptom. While the psychiatric report says G
that the defendant had very little empathy for the victim, he went for
H H
counselling because he worried about his own future. The defendant is in
I fact a cold-hearted person. He has no regard to the feelings of the victim. I
J J
37. Both reports say that the defendant carried out the commission
K of the offence was to release his own stress from schoolworks and his part- K
time job. As his counsel rightly pointed out, he is a selfish person.
L L
M 38. There was another incident, the third incident, that the M
defendant came back to the victim. It was a narrow escape for X as she
N N
was quick enough to shut the gate before the defendant could go into the
O building. The defendant admitted to the police that he wanted to molest O
the victim again.
P P
Q 39. Anyone can easily understand why the victim has such a Q
worry that she did not feel safe. The defendant was simply dauntless. On
R R
the fourth occasion, when he was arrested by the police, he told the police
S that he wanted to try his luck again. S
T T
40. He repeatedly preyed on the same young, lone and vulnerable
U U
V V
- 10 -
A A
B B
victim. His behaviour/conduct imposes a high risk to the society.
C C
41. The prosecution has been generous to him for not laying any
D D
further charges against him for at least the first and the third occasion. In
E passing sentence, I bear in mind that he only faced one charge. E
F F
42. In his own mitigating letter, he apologised to the victim for
G what he had done to her, however, it was purely lip service. He is asking G
for a non-custodial sentence. This is his wishful thinking. When he
H H
planned for this crime, he should have thought about the consequences.
I I
43. Finally, I agree with the defence that the defendant’s criminal
J J
record in 2011 was a spent record under the Rehabilitation of Offenders
K Ordinance, Cap 297. K
L L
44. Having considered all the above factors, there is only one
M mitigating factor in his favour, that is his guilty plea. M
N N
45. To this end, I consider that a 3 years’ sentence is necessary to
O bring home to the defendant that the court will not tolerate this kind of O
conduct. I reduce the sentence to 2 years because of his guilty plea. He
P P
should continue to receive psychological treatment during his term of
Q imprisonment. Q
R R
46. Should he re-offend again, he can only expect a heavier
S sentence. S
T T
( M Chow )
Deputy District Judge
U U
V V