區域法院（刑事）His Honour Judge E Yip4/2/2026[2026] HKDC 187
DCCC339/2025
A A
B B
DCCC 339/2025
C [2026] HKDC 187 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 339 OF 2025
F F
G ------------------------------ G
HKSAR
H H
v
I BORROMEO RUBY-ANN Defendant I
UNCIANO
J J
------------------------------
K K
Before: His Honour Judge E Yip in Court
L L
Date: 5 February 2026
M Present: Mr Daniel Chan, Counsel on fiat, for HKSAR M
Mr Peter Tracy, instructed by Messrs Morley Chow Seto,
N N
assigned by Director of Legal Aid, for the Defendant
O Offence: [1] Theft (盜竊罪) O
P [2] Possession of offensive weapon with intent (管有攻擊性 P
武器並有所意圖)
Q Q
R --------------------------------------------- R
REASONS FOR SENTENCE
S S
---------------------------------------------
T T
U U
V V
-2-
A A
B B
Charges
C C
1. The Defendant pleaded guilty at the earliest opportunity to
D D
two charges, namely:
E E
(i) Theft, contrary to section 9 of the Theft Ordinance,
F F
Cap. 210; and
G G
(ii) Possession of offensive weapon with intent, contrary to
H H
section 17 of the Summary Offences Ordinance, Cap.
I 228. I
J J
2. The Defendant’s plea of guilty to both charges was tendered
K at the first available court hearing. K
L L
Background Facts
M M
3. The Defendant had been working in Hong Kong as a foreign
N N
domestic helper since 2013. At the material time, she was employed by
O PW1 and PW2, a married couple, and resided with them at a flat in Kwun O
Tong.
P P
Q Q
4. The Defendant commenced employment with PW1 and PW2
R
in July 2024. She lived in the same flat as her employers and, by virtue of R
her employment and residence, had access to various parts of the flat,
S S
including the bedroom where valuables belonging to PW1 were kept.
T T
U U
V V
-3-
A A
B B
Facts for Charge 1 – Theft
C C
5. On 20 July 2024, PW1 checked that a number of valuable
D D
items, including cash and jewellery, were securely kept in the drawer of a
E cabinet in her bedroom. These items included, among other things, cash in E
United States dollars and Hong Kong dollars, a diamond ring, gold items,
F F
jewellery, and a handbag.
G G
6. Between 25 July 2024 and 8 September 2024, the Defendant
H H
dishonestly appropriated those items without the knowledge or consent of
I PW1. The total value of the stolen property was approximately I
HK$545,000.
J J
K 7. On 8 September 2024, PW1 discovered that the items were K
missing. At around 9 p.m. on 9 September 2024, PW1 confronted the
L L
Defendant. Following that confrontation, the Defendant surrendered
M certain stolen items to PW1, including a diamond ring valued at M
HK$400,000, a gold pellet valued at HK$25,000, and a gold bar valued at
N N
HK$50,000.
O O
8. Later the same evening, at about 11:30 p.m., PW1 found four
P P
pawn tickets in the Defendant’s handbag, raising the suspicion that other
Q Q
stolen items had been pawned. The Police were then called.
R R
9. Upon the Defendant’s arrest and subsequent search at Kwun
S S
Tong Police Station in the early hours of 10 September 2024, further stolen
T
items were found concealed under the Defendant’s clothing. T
U U
V V
-4-
A A
B B
10. On the following day, 11 September 2024, while dealing with
C the Defendant’s belongings in the presence of an agent from the foreign C
domestic helper agency, PW1 found two additional pawn tickets. It was
D D
subsequently confirmed by the shopkeeper of Shing Fung Pawn Shop that
E the Defendant had pawned a number of the stolen items there. Those items E
were later recovered and returned to PW1.
F F
G 11. In a video-recorded interview conducted in the presence of G
interpreters, the Defendant admitted stealing Items 2 to 13. She initially
H H
denied stealing Item 1, being the cash, but she has since accepted
I responsibility for that item as well. I
J J
12. The Defence submits that all the stolen items were taken as
K part of the same course of conduct. There is no evidence of repeated or K
separate offending beyond the 6 weeks as particularized under the charge.
L L
I accept this submission.
M M
Facts for Charge 2 – Possession of Offensive Weapon with Intent
N N
O 13. Charge 2 arose out of events later on 9 September 2024. After O
PW1 decided to dismiss the Defendant and asked her to pack and leave the
P P
flat, the Defendant became emotionally distressed.
Q Q
R
14. The Defendant suddenly ran into the kitchen. PW1 and PW2 R
followed her immediately. The Defendant then picked up an oyster knife
S S
from the kitchen sink using her left hand and pointed it towards PW1.
T T
U U
V V
-5-
A A
B B
15. The incident was brief. No injury was caused, and there was
C no physical contact. Nonetheless, the Defendant was in possession of an C
offensive weapon with intent to use it for an unlawful purpose, and the
D D
offence is a serious one notwithstanding its short duration.
E E
Personal Circumstances of the Defendant
F F
G 16. The Defendant is 44 years old. She was born and raised in the G
Philippines. She received education up to college level. She can speak and
H H
write English, although her first language is Tagalog.
I I
17. She is married but separated from her husband, with whom
J J
she has no contact. She has a son aged 23, who is completing a college
K degree in Information Technology, and a daughter aged 18 in high school K
and about to commence college education.
L L
M 18. They reside with the Defendant’s grandmother and maternal M
aunt in the Philippines. The Defendant has been financially supporting her
N N
children by sending a portion of her income to her family so that they can
O care for and educate them. Her parents live elsewhere and are not directly O
involved in the children’s upbringing.
P P
Q Q
19. The Defendant first came to Hong Kong to work as a foreign
R
domestic helper in 2013. PW1 was her fifth employer. She worked for her R
first employer for five years and completed contracts with her second,
S S
third, and fourth employers without incident. She has no previous criminal
T
convictions in Hong Kong or elsewhere. T
U U
V V
-6-
A A
B B
20. The Defendant candidly admits that she committed the
C offence of theft out of concern for her family’s financial situation and her C
children’s education. I accept that such circumstances do not constitute
D D
mitigation in law. However, they provide context and explain how a
E person who had otherwise lived a law-abiding and productive life for many E
years succumbed to temptation.
F F
G 21. The Defendant has expressed genuine remorse for her actions. G
She made frank admissions during the police investigation and pleaded
H H
guilty at the earliest opportunity. I am satisfied that her remorse is genuine.
I I
Sentencing for Charge 1 – Theft
J J
K 22. This was a serious offence involving a substantial sum of K
money and valuables. The Defendant was in a position of trust as a
L L
domestic helper residing in her employer’s home. The breach of trust is a
M significant aggravating feature. M
N N
23. The total value of the stolen property, HK$545,000, places
O this offence within the sentencing band for thefts involving values O
between HK$250,000 and HK$1,000,000, for which immediate custodial
P P
sentences are inevitable (HKSAR v Cheung Mee Kiu [2008] 1 HKC 113).
Q Q
R
24. Taking into account the value of the stolen items and the R
return of the several valuable items by the defendant, the breach of trust,
S S
and the absence of special aggravating features relating to the offence
T
itself, I adopt a starting point of 27 months’ imprisonment for Charge 1. T
U U
V V
-7-
A A
B B
25. After applying the full one-third discount for the Defendant’s
C plea of guilty, the appropriate sentence for Charge 1 is 18 months’ C
imprisonment.
D D
E Sentencing for Charge 2 – Possession of Offensive Weapon with Intent E
F F
26. Although no injury was caused, possession of an offensive
G weapon with intent is a serious offence. The Defendant’s conduct occurred G
in a moment of panic and emotional distress, but the incident was brief.
H H
I 27. There is no applicable sentencing guideline directly on point. I
Having regard to all the circumstances, I adopt a starting point of 12
J J
months’ imprisonment.
K K
28. After applying the full one-third discount for the Defendant’s
L L
plea of guilty, the appropriate sentence for Charge 2 is 8 months’
M imprisonment. M
N N
Totality
O O
29. I have considered the principle of totality. The two offences
P P
are closely connected in time and circumstance, arising out of the same
Q Q
series of events on 9 September 2024.
R R
S S
T T
U U
V V
-8-
A A
B B
30. In all the circumstances, I order that 2 months of the sentence
C for Charge 2 shall be consecutive to the sentence of 18 months for Charge C
1, to arrive at a total sentence of 20 months, which I am satisfied it would
D D
properly reflect the total criminality.
E E
F F
G G
( E Yip )
H H
District Judge
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
V V
A A
B B
DCCC 339/2025
C [2026] HKDC 187 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 339 OF 2025
F F
G ------------------------------ G
HKSAR
H H
v
I BORROMEO RUBY-ANN Defendant I
UNCIANO
J J
------------------------------
K K
Before: His Honour Judge E Yip in Court
L L
Date: 5 February 2026
M Present: Mr Daniel Chan, Counsel on fiat, for HKSAR M
Mr Peter Tracy, instructed by Messrs Morley Chow Seto,
N N
assigned by Director of Legal Aid, for the Defendant
O Offence: [1] Theft (盜竊罪) O
P [2] Possession of offensive weapon with intent (管有攻擊性 P
武器並有所意圖)
Q Q
R --------------------------------------------- R
REASONS FOR SENTENCE
S S
---------------------------------------------
T T
U U
V V
-2-
A A
B B
Charges
C C
1. The Defendant pleaded guilty at the earliest opportunity to
D D
two charges, namely:
E E
(i) Theft, contrary to section 9 of the Theft Ordinance,
F F
Cap. 210; and
G G
(ii) Possession of offensive weapon with intent, contrary to
H H
section 17 of the Summary Offences Ordinance, Cap.
I 228. I
J J
2. The Defendant’s plea of guilty to both charges was tendered
K at the first available court hearing. K
L L
Background Facts
M M
3. The Defendant had been working in Hong Kong as a foreign
N N
domestic helper since 2013. At the material time, she was employed by
O PW1 and PW2, a married couple, and resided with them at a flat in Kwun O
Tong.
P P
Q Q
4. The Defendant commenced employment with PW1 and PW2
R
in July 2024. She lived in the same flat as her employers and, by virtue of R
her employment and residence, had access to various parts of the flat,
S S
including the bedroom where valuables belonging to PW1 were kept.
T T
U U
V V
-3-
A A
B B
Facts for Charge 1 – Theft
C C
5. On 20 July 2024, PW1 checked that a number of valuable
D D
items, including cash and jewellery, were securely kept in the drawer of a
E cabinet in her bedroom. These items included, among other things, cash in E
United States dollars and Hong Kong dollars, a diamond ring, gold items,
F F
jewellery, and a handbag.
G G
6. Between 25 July 2024 and 8 September 2024, the Defendant
H H
dishonestly appropriated those items without the knowledge or consent of
I PW1. The total value of the stolen property was approximately I
HK$545,000.
J J
K 7. On 8 September 2024, PW1 discovered that the items were K
missing. At around 9 p.m. on 9 September 2024, PW1 confronted the
L L
Defendant. Following that confrontation, the Defendant surrendered
M certain stolen items to PW1, including a diamond ring valued at M
HK$400,000, a gold pellet valued at HK$25,000, and a gold bar valued at
N N
HK$50,000.
O O
8. Later the same evening, at about 11:30 p.m., PW1 found four
P P
pawn tickets in the Defendant’s handbag, raising the suspicion that other
Q Q
stolen items had been pawned. The Police were then called.
R R
9. Upon the Defendant’s arrest and subsequent search at Kwun
S S
Tong Police Station in the early hours of 10 September 2024, further stolen
T
items were found concealed under the Defendant’s clothing. T
U U
V V
-4-
A A
B B
10. On the following day, 11 September 2024, while dealing with
C the Defendant’s belongings in the presence of an agent from the foreign C
domestic helper agency, PW1 found two additional pawn tickets. It was
D D
subsequently confirmed by the shopkeeper of Shing Fung Pawn Shop that
E the Defendant had pawned a number of the stolen items there. Those items E
were later recovered and returned to PW1.
F F
G 11. In a video-recorded interview conducted in the presence of G
interpreters, the Defendant admitted stealing Items 2 to 13. She initially
H H
denied stealing Item 1, being the cash, but she has since accepted
I responsibility for that item as well. I
J J
12. The Defence submits that all the stolen items were taken as
K part of the same course of conduct. There is no evidence of repeated or K
separate offending beyond the 6 weeks as particularized under the charge.
L L
I accept this submission.
M M
Facts for Charge 2 – Possession of Offensive Weapon with Intent
N N
O 13. Charge 2 arose out of events later on 9 September 2024. After O
PW1 decided to dismiss the Defendant and asked her to pack and leave the
P P
flat, the Defendant became emotionally distressed.
Q Q
R
14. The Defendant suddenly ran into the kitchen. PW1 and PW2 R
followed her immediately. The Defendant then picked up an oyster knife
S S
from the kitchen sink using her left hand and pointed it towards PW1.
T T
U U
V V
-5-
A A
B B
15. The incident was brief. No injury was caused, and there was
C no physical contact. Nonetheless, the Defendant was in possession of an C
offensive weapon with intent to use it for an unlawful purpose, and the
D D
offence is a serious one notwithstanding its short duration.
E E
Personal Circumstances of the Defendant
F F
G 16. The Defendant is 44 years old. She was born and raised in the G
Philippines. She received education up to college level. She can speak and
H H
write English, although her first language is Tagalog.
I I
17. She is married but separated from her husband, with whom
J J
she has no contact. She has a son aged 23, who is completing a college
K degree in Information Technology, and a daughter aged 18 in high school K
and about to commence college education.
L L
M 18. They reside with the Defendant’s grandmother and maternal M
aunt in the Philippines. The Defendant has been financially supporting her
N N
children by sending a portion of her income to her family so that they can
O care for and educate them. Her parents live elsewhere and are not directly O
involved in the children’s upbringing.
P P
Q Q
19. The Defendant first came to Hong Kong to work as a foreign
R
domestic helper in 2013. PW1 was her fifth employer. She worked for her R
first employer for five years and completed contracts with her second,
S S
third, and fourth employers without incident. She has no previous criminal
T
convictions in Hong Kong or elsewhere. T
U U
V V
-6-
A A
B B
20. The Defendant candidly admits that she committed the
C offence of theft out of concern for her family’s financial situation and her C
children’s education. I accept that such circumstances do not constitute
D D
mitigation in law. However, they provide context and explain how a
E person who had otherwise lived a law-abiding and productive life for many E
years succumbed to temptation.
F F
G 21. The Defendant has expressed genuine remorse for her actions. G
She made frank admissions during the police investigation and pleaded
H H
guilty at the earliest opportunity. I am satisfied that her remorse is genuine.
I I
Sentencing for Charge 1 – Theft
J J
K 22. This was a serious offence involving a substantial sum of K
money and valuables. The Defendant was in a position of trust as a
L L
domestic helper residing in her employer’s home. The breach of trust is a
M significant aggravating feature. M
N N
23. The total value of the stolen property, HK$545,000, places
O this offence within the sentencing band for thefts involving values O
between HK$250,000 and HK$1,000,000, for which immediate custodial
P P
sentences are inevitable (HKSAR v Cheung Mee Kiu [2008] 1 HKC 113).
Q Q
R
24. Taking into account the value of the stolen items and the R
return of the several valuable items by the defendant, the breach of trust,
S S
and the absence of special aggravating features relating to the offence
T
itself, I adopt a starting point of 27 months’ imprisonment for Charge 1. T
U U
V V
-7-
A A
B B
25. After applying the full one-third discount for the Defendant’s
C plea of guilty, the appropriate sentence for Charge 1 is 18 months’ C
imprisonment.
D D
E Sentencing for Charge 2 – Possession of Offensive Weapon with Intent E
F F
26. Although no injury was caused, possession of an offensive
G weapon with intent is a serious offence. The Defendant’s conduct occurred G
in a moment of panic and emotional distress, but the incident was brief.
H H
I 27. There is no applicable sentencing guideline directly on point. I
Having regard to all the circumstances, I adopt a starting point of 12
J J
months’ imprisonment.
K K
28. After applying the full one-third discount for the Defendant’s
L L
plea of guilty, the appropriate sentence for Charge 2 is 8 months’
M imprisonment. M
N N
Totality
O O
29. I have considered the principle of totality. The two offences
P P
are closely connected in time and circumstance, arising out of the same
Q Q
series of events on 9 September 2024.
R R
S S
T T
U U
V V
-8-
A A
B B
30. In all the circumstances, I order that 2 months of the sentence
C for Charge 2 shall be consecutive to the sentence of 18 months for Charge C
1, to arrive at a total sentence of 20 months, which I am satisfied it would
D D
properly reflect the total criminality.
E E
F F
G G
( E Yip )
H H
District Judge
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
V V
DCCC339/2025 HKSAR v. BORROMEO RUBY-ANN UNCIANO - LawHero