區域法院（刑事）Deputy District Judge Flora Cheng4/2/2026[2026] HKDC 238
DCCC1142/2024
A A
B B
DCCC 1142/2024
[2026] HKDC 238
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 1142 OF 2024 E
------------------------------
F F
HKSAR
G G
v
H
LUI CHUN YIP (Defendant) H
------------------------------
I I
J Before: Deputy District Judge Flora Cheng J
Date: 5 February 2026
K K
Present: Mr. Jack WONG, Public Prosecutor, for HKSAR
L Mr. David CHEUNG, instructed by Messrs. H.Y. Leung & L
Co. LLP assigned by DLA, for the Defendant
M M
Offences: [1] Burglary (入屋犯法罪)
N [2] Attempted theft (企圖盜竊罪) N
O O
P P
Q
--------------------------------------- Q
REASONS FOR SENTENCE
R R
---------------------------------------
S S
T T
U U
V V
A A
B B
1. The Defendant pleads guilty to 2 charges, Charge 1 - Burglary,
C contrary to Section 11(1)(b) and (4) of the Theft Ordinance, Cap. 210. C
Charge 2 (Amended) - Attempted Theft, contrary to Section 9 of the Theft
D D
Ordinance, Cap. 210 and Sections 159G and 159J of the Crimes Ordinance,
E Cap.200. E
F F
Amended Summary of Facts
G G
2. Mr. CHAN Kam-ming (“CHAN”) was the sole occupant of
H H
Room C, 2nd Floor, No. 69, Nam Chong Street, Shamshuipo, Kowloon,
I Hong Kong (“the Flat”) and was not acquainted with the Defendant. At I
around 6:00 a.m. on 6th April 2024, CHAN left the Flat without completely
J J
closing the only window of the Flat.
K K
3. At around 6:00 p.m on the same day, CHAN returned to the
L L
Flat and found that the window was opened, the Flat was ransacked and a
M television, a DVD player and cash of HK$500 were missing. The total M
value of the stolen property was HK$2,200, the case was reported to Police.
N N
O 4. The CCTV footage retrieved from the store at No. 169A, Yee O
Kuk Street, Shamshuipo showed that at around 10:45 a.m. on 6th April 2024,
P P
the Defendant carried a grey television while walking across Yee Kuk
Q Street. Q
R R
5. Mr. CHEUNG Sui Yat (“CHEUNG”) was the facility
S manager of Tsung Tsin Primary School and Kindergarten situated at No. S
T T
U U
2
V V
A A
B B
58, Tai Po Road, Shek Kip Mei, Kowloon, Hong Kong (“the School”). The
C Defendant was not employed to work in the school nor was he a student C
there.
D D
E 6. At around 8:15 a.m. on 11th April 2024, CHEUNG returned E
to the school and saw the Defendant wearing a yellow reflective long-
F F
sleeves T-shirt, was looking around and was cleaning up the floor at the
G slope near Playground B of the School, the slope was part of the school and G
was enclosed by a fence. When CHEUNG tried to ascertain the identity of
H H
the Defendant, the Defendant did not respond. CHEUNG found that a
I copper water pipe (“the Pipe”) that was around 3.5 metres long had been I
cut off and placed near the hillside. When CHEUNG asked the Defendant
J J
the reason of cutting off the Pipe, the Defendant offered to restore the Pipe
K and walked away, claiming that he would show CHEUNG his staff card K
upon return. CHEUNG waited there for around 5 minutes but the
L L
Defendant did not return.
M M
7. At around 9:00 a.m. on 11th April 2024, a colleague of
N N
CHEUNG found the Defendant in the vicinity of the slope next to the
O Police Sports and Recreation Club, No. 430 Sai Yeung Choi Street North. O
CHEUNG immediately went there, he recognised the Defendant who had
P P
changed his yellow long-sleeves T-shirt into a green one, the case was
Q reported to Police. Q
R R
8. PC 61389 went to the School for investigation, he found that
S there were 2 pieces of copper pipe fittings inside a drain which was around S
T T
U U
3
V V
A A
B B
1.5 metres away from the location where CHEUNG first saw the
C Defendant and a clamp was found next to the drain. A saw, a copper ring C
and a yellow reflective long-sleeves T-shirt were found on the slope, none
D D
of the items mentioned above was the property of the School, there was a
E hole around 60 cm x 40 cm on the chain-linked fence between the School E
and the slope.
F F
G 9. The CCTV footage retrieved from the School showed that the G
Defendant walked out from the fence next to the car park of the School at
H H
around 8:21 a.m., he walked pass the car park and left the School through
I its main entrance. I
J J
10. At around 10:13 a.m. on 11th April 2024, PC 61389 arrested
K the Defendant for the offence of “Attempted Burglary” near the School. K
Under caution, the Defendant said, inter alia, that he entered the School for
L L
picking up things.
M M
11. At around 10:15 a.m., PC 27872 found that the characteristics
N N
of the Defendant matched the culprit of Charge 1 captured by the CCTV
O footage of Yee Kuk Street, the Defendant was further arrested for the O
offence of Burglary. Under caution, the Defendant stated that he picked up
P P
the television from the staircase of No. 69, Nam Cheong Street.
Q Q
12. At around 10:24 pm on 11th April 2024, a cautioned video-
R R
recorded interview was conducted with the Defendant by PC 21049, in
S which the Defendant said, inter alia, the followings:- S
T T
U U
4
V V
A A
B B
C (a) In respect of Charge 1, on 6th April 2024, he picked up a C
television in the staircase in No. 69 Nam Cheong Street out of
D D
greed and sold the television in Yee Kuk Street in return for
E several dozen dollars. He recognised himself in the screen E
capture of the relevant CCTV footage.
F F
G (b) In respect of Charge 2, Defendant said he earned a living by G
picking up trash. On 11th April 2024, he entered the slope of
H H
the School when he was picking cans on the slope. He was
I confronted by a man and accused of damaging the Pipe of the I
School, he offered to repair the Pipe but he soon left the
J J
School because he did not have any instrument to repair. He
K admitted placing 2 pieces of copper pipe fittings inside the K
drain because they impeded him from cleaning up the soil;
L L
there were a copper ring and a saw at the place where he was
M arrested, he was the one who picked up the copper ring and M
the saw belonged to his friend.
N N
O 13. The Defendant now admits that on 6th April 2024, having O
entered as a trespasser part of a building known as Room C, 2 nd Floor, No.
P P
69 Nam Cheong Street, he stole therein one television, one DVD player
Q and cash of HK$500. He further admits that on the 11th day of April 2024, Q
at the slope near Playground B of the School, he attempted to steal one
R R
water Pipe, property belonging to Tsung Tsin Primary School and
S Kindergarten. S
T T
U U
5
V V
A A
B B
C Mitigation & Sentencing Considerations C
D D
14. The Defendant is 44 years old, he is divorced and has 2 sons
E aged 24 and 14. He was educated up to Form 3. He has 12 previous E
convictions between 2003 and 2023, the first 5 convictions are all related
F F
to dangerous drugs and there are 4 convictions similar to Charge 2.
G G
15. On behalf of the Defendant, Counsel Mr. David Cheung
H H
informed the Court that prior to arrest, the Defendant was a street sleeper
I with no fixed place of abode, Defendant relied on scavenging, selling what I
he could find on the streets, he also received donations from charities and
J J
food banks. On arrangement and support he received from the charitable
K organization named “Side by Side”, Defendant has stayed in a shared K
accommodation in the building referred in Charge 1 for 2 months after he
L L
was last discharged from prison. Thereafter the Defendant became a street
M sleeper and returned to the building occasionally to assist the rubbish M
collectors there to earn some income. On 6th April 2024, Defendant went
N N
to the building again and saw the door to the Flat opened, Defendant
O committed Charge 1 out of greed, he has sold the stolen appliances for O
money.
P P
Q 16. For Charge 2, Defendant said he had been sleeping near the Q
School prior to the offence, he went to the slope of the School on 11th April
R R
2024 to clear out rubbish, he saw the Pipe has been cut and was not
S attached to anything. He assumed it was part of the repair work, waiting to S
T T
U U
6
V V
A A
B B
be fitted. He admitted that he took the Pipe and set it to one side, intending
C to take it with him to sell to the scrapers when he left. C
D D
17. In HKSAR v. Lau Pang, Criminal Appeal No. 252 of 2004, the
E Court of Appeal reiterated that the appropriate starting point for burglary E
to domestic premises is 3 years imprisonment. I accept the submission
F F
made by Counsel on behalf of the Defendant that the burglary happened at
G daytime when the occupant of the Flat was not there, no one was frightened G
or subjected to violence in the course of commission of the offence, there
H H
are no aggravating features calling for enhancement of sentence on top of
I the 3 years starting point. I
J J
18. In respect of Charge 2, Counsel for Defendant submitted 2
K cases sentenced in the District Court, namely, HKSAR v. Chan Tak Cheung, K
DCCC 7 of 2016 and HKSAR v. Yau Chi Wai, DCCC 983 of 2016 for my
L L
reference and consideration. I find the factual circumstances of the present
M case close to that of HKSAR v. Chan Tak Cheung, in that case properties M
of the total value of HK$13,000, including 1 copper pipe 15 metres in
N N
length valued at HK$6,000 placed in open space fenced by wire mesh
O outside a village house were stolen. The Court adopted a starting point of O
12 months and reduced the sentence to 8 months on Defendant’s guilty plea.
P P
Q 19. The amended summary of facts of the present case revealed Q
that the 3.5 metres long Pipe referred in Charge 2 was cut off, Defendant
R R
admitted that he took the Pipe, set the Pipe by one side and intended to
S take it away for selling to scrapers. Though Defendant claimed that he did S
T T
U U
7
V V
A A
B B
not cut off the Pipe, but he admitted under caution that a saw found in the
C vicinity belonged to his friend, he placed 2 pieces of copper pipe fittings C
inside a drain just 1.5 metres away from the location where he was first
D D
spotted and there was a clamp found next to the drain.
E E
20. Having considered the facts, Defendant’s admissions, the
F F
slope of the School and the exhibits found near the drain on the slope as
G shown in the photographs, I am satisfied that Defendant’s acts of setting G
aside the Pipe are more than preparatory to the offence of Theft though
H H
there is no direct evidence to prove that he cut off the Pipe, but for the fact
I that he was timely spotted and questioned by the staff of the School, I
Defendant would have completed the appropriation of the Pipe. It is now
J J
confirmed that the Pipe was recovered at the scene, but there must be some
K inconvenience caused and the School had spent HK$20,000 to repair it. I K
consider a starting point of 12 months imprisonment after trial is just and
L L
fair to reflect the culpability of Defendant in Charge 2.
M M
21. For Charge 1, I adopt a starting point of 3 years’ imprisonment,
N N
allowing 1/3 discount for his guilty plea, I sentence the Defendant to 2
O years imprisonment. For Charge 2, I adopt a starting point of 12 months O
imprisonment and reduce the sentence to 8 months for his guilty plea.
P P
Q 22. The 2 offences are distinct and separate although both are acts Q
of dishonesty, the offences took place at different locations, different
R R
nd
victims were affected and different properties are involved; the 2 offence
S was committed just 5 days after the first one, the Defendant cannot S
T T
U U
8
V V
A A
B B
complain if the sentences for the 2 charges are to run consecutive to each
C other. However, taking into account the totality principle and the strong C
sense of remorse shown by Defendant in these proceedings, I shall order 4
D D
out of the 8 months imprisonment imposed on Charge 2 to run
E consecutively to Charge 1, making a total term of 28 months imprisonment. E
F F
G G
H H
I I
J J
K K
L L
( Flora Cheng )
M Deputy District Judge M
N N
O O
P P
Q Q
R R
S S
T T
U U
9
V V
A A
B B
DCCC 1142/2024
[2026] HKDC 238
C C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 1142 OF 2024 E
------------------------------
F F
HKSAR
G G
v
H
LUI CHUN YIP (Defendant) H
------------------------------
I I
J Before: Deputy District Judge Flora Cheng J
Date: 5 February 2026
K K
Present: Mr. Jack WONG, Public Prosecutor, for HKSAR
L Mr. David CHEUNG, instructed by Messrs. H.Y. Leung & L
Co. LLP assigned by DLA, for the Defendant
M M
Offences: [1] Burglary (入屋犯法罪)
N [2] Attempted theft (企圖盜竊罪) N
O O
P P
Q
--------------------------------------- Q
REASONS FOR SENTENCE
R R
---------------------------------------
S S
T T
U U
V V
A A
B B
1. The Defendant pleads guilty to 2 charges, Charge 1 - Burglary,
C contrary to Section 11(1)(b) and (4) of the Theft Ordinance, Cap. 210. C
Charge 2 (Amended) - Attempted Theft, contrary to Section 9 of the Theft
D D
Ordinance, Cap. 210 and Sections 159G and 159J of the Crimes Ordinance,
E Cap.200. E
F F
Amended Summary of Facts
G G
2. Mr. CHAN Kam-ming (“CHAN”) was the sole occupant of
H H
Room C, 2nd Floor, No. 69, Nam Chong Street, Shamshuipo, Kowloon,
I Hong Kong (“the Flat”) and was not acquainted with the Defendant. At I
around 6:00 a.m. on 6th April 2024, CHAN left the Flat without completely
J J
closing the only window of the Flat.
K K
3. At around 6:00 p.m on the same day, CHAN returned to the
L L
Flat and found that the window was opened, the Flat was ransacked and a
M television, a DVD player and cash of HK$500 were missing. The total M
value of the stolen property was HK$2,200, the case was reported to Police.
N N
O 4. The CCTV footage retrieved from the store at No. 169A, Yee O
Kuk Street, Shamshuipo showed that at around 10:45 a.m. on 6th April 2024,
P P
the Defendant carried a grey television while walking across Yee Kuk
Q Street. Q
R R
5. Mr. CHEUNG Sui Yat (“CHEUNG”) was the facility
S manager of Tsung Tsin Primary School and Kindergarten situated at No. S
T T
U U
2
V V
A A
B B
58, Tai Po Road, Shek Kip Mei, Kowloon, Hong Kong (“the School”). The
C Defendant was not employed to work in the school nor was he a student C
there.
D D
E 6. At around 8:15 a.m. on 11th April 2024, CHEUNG returned E
to the school and saw the Defendant wearing a yellow reflective long-
F F
sleeves T-shirt, was looking around and was cleaning up the floor at the
G slope near Playground B of the School, the slope was part of the school and G
was enclosed by a fence. When CHEUNG tried to ascertain the identity of
H H
the Defendant, the Defendant did not respond. CHEUNG found that a
I copper water pipe (“the Pipe”) that was around 3.5 metres long had been I
cut off and placed near the hillside. When CHEUNG asked the Defendant
J J
the reason of cutting off the Pipe, the Defendant offered to restore the Pipe
K and walked away, claiming that he would show CHEUNG his staff card K
upon return. CHEUNG waited there for around 5 minutes but the
L L
Defendant did not return.
M M
7. At around 9:00 a.m. on 11th April 2024, a colleague of
N N
CHEUNG found the Defendant in the vicinity of the slope next to the
O Police Sports and Recreation Club, No. 430 Sai Yeung Choi Street North. O
CHEUNG immediately went there, he recognised the Defendant who had
P P
changed his yellow long-sleeves T-shirt into a green one, the case was
Q reported to Police. Q
R R
8. PC 61389 went to the School for investigation, he found that
S there were 2 pieces of copper pipe fittings inside a drain which was around S
T T
U U
3
V V
A A
B B
1.5 metres away from the location where CHEUNG first saw the
C Defendant and a clamp was found next to the drain. A saw, a copper ring C
and a yellow reflective long-sleeves T-shirt were found on the slope, none
D D
of the items mentioned above was the property of the School, there was a
E hole around 60 cm x 40 cm on the chain-linked fence between the School E
and the slope.
F F
G 9. The CCTV footage retrieved from the School showed that the G
Defendant walked out from the fence next to the car park of the School at
H H
around 8:21 a.m., he walked pass the car park and left the School through
I its main entrance. I
J J
10. At around 10:13 a.m. on 11th April 2024, PC 61389 arrested
K the Defendant for the offence of “Attempted Burglary” near the School. K
Under caution, the Defendant said, inter alia, that he entered the School for
L L
picking up things.
M M
11. At around 10:15 a.m., PC 27872 found that the characteristics
N N
of the Defendant matched the culprit of Charge 1 captured by the CCTV
O footage of Yee Kuk Street, the Defendant was further arrested for the O
offence of Burglary. Under caution, the Defendant stated that he picked up
P P
the television from the staircase of No. 69, Nam Cheong Street.
Q Q
12. At around 10:24 pm on 11th April 2024, a cautioned video-
R R
recorded interview was conducted with the Defendant by PC 21049, in
S which the Defendant said, inter alia, the followings:- S
T T
U U
4
V V
A A
B B
C (a) In respect of Charge 1, on 6th April 2024, he picked up a C
television in the staircase in No. 69 Nam Cheong Street out of
D D
greed and sold the television in Yee Kuk Street in return for
E several dozen dollars. He recognised himself in the screen E
capture of the relevant CCTV footage.
F F
G (b) In respect of Charge 2, Defendant said he earned a living by G
picking up trash. On 11th April 2024, he entered the slope of
H H
the School when he was picking cans on the slope. He was
I confronted by a man and accused of damaging the Pipe of the I
School, he offered to repair the Pipe but he soon left the
J J
School because he did not have any instrument to repair. He
K admitted placing 2 pieces of copper pipe fittings inside the K
drain because they impeded him from cleaning up the soil;
L L
there were a copper ring and a saw at the place where he was
M arrested, he was the one who picked up the copper ring and M
the saw belonged to his friend.
N N
O 13. The Defendant now admits that on 6th April 2024, having O
entered as a trespasser part of a building known as Room C, 2 nd Floor, No.
P P
69 Nam Cheong Street, he stole therein one television, one DVD player
Q and cash of HK$500. He further admits that on the 11th day of April 2024, Q
at the slope near Playground B of the School, he attempted to steal one
R R
water Pipe, property belonging to Tsung Tsin Primary School and
S Kindergarten. S
T T
U U
5
V V
A A
B B
C Mitigation & Sentencing Considerations C
D D
14. The Defendant is 44 years old, he is divorced and has 2 sons
E aged 24 and 14. He was educated up to Form 3. He has 12 previous E
convictions between 2003 and 2023, the first 5 convictions are all related
F F
to dangerous drugs and there are 4 convictions similar to Charge 2.
G G
15. On behalf of the Defendant, Counsel Mr. David Cheung
H H
informed the Court that prior to arrest, the Defendant was a street sleeper
I with no fixed place of abode, Defendant relied on scavenging, selling what I
he could find on the streets, he also received donations from charities and
J J
food banks. On arrangement and support he received from the charitable
K organization named “Side by Side”, Defendant has stayed in a shared K
accommodation in the building referred in Charge 1 for 2 months after he
L L
was last discharged from prison. Thereafter the Defendant became a street
M sleeper and returned to the building occasionally to assist the rubbish M
collectors there to earn some income. On 6th April 2024, Defendant went
N N
to the building again and saw the door to the Flat opened, Defendant
O committed Charge 1 out of greed, he has sold the stolen appliances for O
money.
P P
Q 16. For Charge 2, Defendant said he had been sleeping near the Q
School prior to the offence, he went to the slope of the School on 11th April
R R
2024 to clear out rubbish, he saw the Pipe has been cut and was not
S attached to anything. He assumed it was part of the repair work, waiting to S
T T
U U
6
V V
A A
B B
be fitted. He admitted that he took the Pipe and set it to one side, intending
C to take it with him to sell to the scrapers when he left. C
D D
17. In HKSAR v. Lau Pang, Criminal Appeal No. 252 of 2004, the
E Court of Appeal reiterated that the appropriate starting point for burglary E
to domestic premises is 3 years imprisonment. I accept the submission
F F
made by Counsel on behalf of the Defendant that the burglary happened at
G daytime when the occupant of the Flat was not there, no one was frightened G
or subjected to violence in the course of commission of the offence, there
H H
are no aggravating features calling for enhancement of sentence on top of
I the 3 years starting point. I
J J
18. In respect of Charge 2, Counsel for Defendant submitted 2
K cases sentenced in the District Court, namely, HKSAR v. Chan Tak Cheung, K
DCCC 7 of 2016 and HKSAR v. Yau Chi Wai, DCCC 983 of 2016 for my
L L
reference and consideration. I find the factual circumstances of the present
M case close to that of HKSAR v. Chan Tak Cheung, in that case properties M
of the total value of HK$13,000, including 1 copper pipe 15 metres in
N N
length valued at HK$6,000 placed in open space fenced by wire mesh
O outside a village house were stolen. The Court adopted a starting point of O
12 months and reduced the sentence to 8 months on Defendant’s guilty plea.
P P
Q 19. The amended summary of facts of the present case revealed Q
that the 3.5 metres long Pipe referred in Charge 2 was cut off, Defendant
R R
admitted that he took the Pipe, set the Pipe by one side and intended to
S take it away for selling to scrapers. Though Defendant claimed that he did S
T T
U U
7
V V
A A
B B
not cut off the Pipe, but he admitted under caution that a saw found in the
C vicinity belonged to his friend, he placed 2 pieces of copper pipe fittings C
inside a drain just 1.5 metres away from the location where he was first
D D
spotted and there was a clamp found next to the drain.
E E
20. Having considered the facts, Defendant’s admissions, the
F F
slope of the School and the exhibits found near the drain on the slope as
G shown in the photographs, I am satisfied that Defendant’s acts of setting G
aside the Pipe are more than preparatory to the offence of Theft though
H H
there is no direct evidence to prove that he cut off the Pipe, but for the fact
I that he was timely spotted and questioned by the staff of the School, I
Defendant would have completed the appropriation of the Pipe. It is now
J J
confirmed that the Pipe was recovered at the scene, but there must be some
K inconvenience caused and the School had spent HK$20,000 to repair it. I K
consider a starting point of 12 months imprisonment after trial is just and
L L
fair to reflect the culpability of Defendant in Charge 2.
M M
21. For Charge 1, I adopt a starting point of 3 years’ imprisonment,
N N
allowing 1/3 discount for his guilty plea, I sentence the Defendant to 2
O years imprisonment. For Charge 2, I adopt a starting point of 12 months O
imprisonment and reduce the sentence to 8 months for his guilty plea.
P P
Q 22. The 2 offences are distinct and separate although both are acts Q
of dishonesty, the offences took place at different locations, different
R R
nd
victims were affected and different properties are involved; the 2 offence
S was committed just 5 days after the first one, the Defendant cannot S
T T
U U
8
V V
A A
B B
complain if the sentences for the 2 charges are to run consecutive to each
C other. However, taking into account the totality principle and the strong C
sense of remorse shown by Defendant in these proceedings, I shall order 4
D D
out of the 8 months imprisonment imposed on Charge 2 to run
E consecutively to Charge 1, making a total term of 28 months imprisonment. E
F F
G G
H H
I I
J J
K K
L L
( Flora Cheng )
M Deputy District Judge M
N N
O O
P P
Q Q
R R
S S
T T
U U
9
V V