區域法院（刑事）Deputy District Judge Ada Yim18/1/2023[2023] HKDC 218
DCCC32/2022
A A
B B
DCCC 32/2022
C [2023] HKDC 218 C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 32 OF 2022 E
F --------------------------- F
HKSAR
G G
v
H WEI Qingchang H
DENG Tiqiang
I I
----------------------------
J J
Before: Deputy District Judge Ada Yim in Court
K K
Date: 19 January 2023
L Present: Mr CHAN Pak Kong, Counsel on Fiat, for HKSAR L
Mr CHAN Ging Man Robert, instructed by Lo, Wong & Tsui,
M M
st
assigned by the Director of Legal Aid, for the 1 Defendant
N N
Miss WONG Lok Man Mandy, instructed by Yip, Tse &
O
Tang, Tse & Tang, assigned by the Director of Legal Aid, for O
nd
the 2 Defendant
P P
Offence: [1] Burglary
Q [2] Illegal Remaining Q
[3] Illegal Remaining
R R
--------------------------------------
S REASONS FOR SENTENCE S
---------------------------------------
T T
U U
V V
-2-
A A
B B
1. The defendants were jointly charged with one count of
C burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, C
Cap 210’ and each being charged with one additional count of unlawful
D D
remaining contrary to section 38(1)(b) of the Immigration Ordinance,
E Cap 115. The defendants pleaded guilty to their respective charges, E
admitted the facts and were convicted accordingly.
F F
G FACTS G
H H
2. The residence of the Sun’s family at Flat C, 1st Floor, 202
I Shau Kei Wan Road was being burgled on 14 June 2021 between 4:30pm I
and 8:30pm. The main entrance was locked from inside by the burglars.
J J
Window grilles of a window being prized opened, locked drawers were
K prized opened, drawers inside the flat were ransacked. Cash of around K
HK$70,500, RMB3,000 and other valuable properties being stolen.
L L
M 3. CCTV at Ellen Building captured D2 wandering in the back M
alley leading to 202 Shau Kei Wan Road around 8:09pm and shortly joined
N N
by D1. The two stayed in the back alley for around 1 minute and
O disappeared from the camera. CCTV at Sunrise Motor Service captured O
D2 wandering at 202 Shau Kei Wan Road around 8:12pm together with
P P
D1. D1 disappeared 1 minute later and D2 remained at the spot for around
Q 11 minutes. At around 8:35pm on the same day, D1 and D2 reunited at Sai Q
Wan Ho MTR station. When the officers approached them, they attempted
R R
to flee but were subdued. Upon search, items stolen from the Sun’s family
S were recovered from the rucksack carried by D1. S
T T
U U
V V
-3-
A A
B B
4. In addition, the following items were found inside D1’s
C rucksack and D2’s bag respectively: C
D D
D1
E E
(a) 1 large size screwdriver’
F F
G (b) 1 medium size screwdriver; G
H H
(c) 1 torch; and
I I
(d) 1 pair of gloves.
J J
K D2 K
L L
(a) 1 pair of grey 3M gloves; and
M M
(b) 1 torch.
N N
O 5. At the material, D1 and D2 having entered Hong Kong O
unlawfully and remained in Hong Kong without the authority of the
P P
Director of Immigration. They together burgled the Sun’s residence while
Q the family was away. Q
R R
S S
T T
U U
V V
-4-
A A
B B
MITIGATION
C C
D1
D D
E 6. D1 aged 42, Mainland resident, married with 3 children, all E
live with D1’s parents in a small village house owned by D1’s father. He
F F
worked as a farmer and casual worker in Mainland, earning about
G RMB1,500. D1’s parents are in poor health; they are financially relied on G
D1. His wife used to be a housewife, since his arrest, the wife has taken
H H
up a job at a hotel, earning about RMB2,000 per month.
I I
7. D1 has one previous burglary conviction in 2018 and was last
J J
released on 30 April 2019. He was known to mental health services in
K China in 2010. He was last seen at WKPC on 25 April 2022. Clinically, K
he still experienced auditory hallucination occasionally but was not distress
L L
by this. There was no paranoia. His speech was coherent and relevant. He
M suffers from schizophrenia and he is currently on medication at night. M
N N
8. The defence submitted that D1’s mental disorder was
O sufficiently severe that it had hampered his power of objective reasoning O
and control at the material time. His mental health may well have played
P P
a part in the commission of the offence whereby he did not realize the
Q seriousness of what he was doing whereby his culpability was lessened, Q
and sought for a reduction of 9 months from the starting point as given in
R R
HKSAR v Zhang Mingtong.
S S
T T
U U
V V
-5-
A A
B B
D2
C C
9. D2 aged 38, Mainland resident, single. His parents are not in
D D
good health and require constant medical follow-ups at hospital. The
E parents live at hometown while his siblings are working at different E
provinces away from home. D2 used to be a factory worker earning RMB
F F
5,000 to 6,000 per month. He was out of job after the factories were closed
G for the covid epidemic. G
H H
10. D2 has a clear record. He was not in possession of any heavy
I housebreaking equipment nor sharp implement. No occupants were inside I
the premises. No sever damages caused and all the stolen properties were
J J
recovered. This was not a well-planned burglary and D2 was not a
K professional burglar. He made frank admission about his illegal immigrant K
status.
L L
M 11. D2 has been remanded since his arrest on 14 June 2021. M
During his remand, he deeply reflected on his own misdeeds and decided
N N
to bear full legal consequences. He looks forward to reunite with his family
O upon his release and undertakes to live a law-abiding life. O
P P
Sentence
Q Q
12. The customary starting point of sentence for domestic
R R
burglary is 3 years’ imprisonment. Such burglaries will involve a measure
S of planning, and thus a degree of premeditation and planning is already S
built into the conventional starting-point. The conventional starting-point
T T
U U
V V
-6-
A A
B B
can be increased in the case of professional criminals who plan their
C burglaries with meticulous care and steal goods and cash of considerable C
value. Same principle is applicable to domestic and non-domestic burglary
D D
HKSAR v Sim Ka Wing CACC 450/2000.
E E
13. Yeung JA, as he then was, said in HKSAR v Cheng Wai Kwai
F F
CACC338 & 339/2007 a case of burglary of non-domestic premises:-
G G
“The proper starting point for sentence in a case of burglary of
H non-domestic premises is 30 months’ imprisonment (see Rv H
Wong Man unreported, CACC 372/1992). The starting point
can be adjusted upwards if there are aggravating circumstances
I such as: (1) the offence is carefully planned and skilfully I
executed involving the use of heavy instrument or equipment;
J (2) the offence is committed by two or more people; (3) the J
offence targets at substantial premises and involves substantial
properties; (4) the offender is a professional burglar and not just
K an opportunist; (5) the offender has previous convictions, K
particularly previous conviction of similar nature, and (6) the
offender commits multiple offences.”
L L
M 14. In the present case, the flat was ransacked, window grilles M
and locks were prized opened. Cash over $70,000 and other valuable items
N N
were stolen. I accepted limited damages were caused to the premises, no
O occupant was inside at the material time, and all the stolen properties were O
recovered. However, the present case was committed by two persons, both
P P
were found in possession of housebreaking tools and/or gloves. I consider
Q the joint enterprise are aggregating features and increase the starting point Q
by 3 months. The defendants pleaded guilty, full 1/3 discount will be given.
R R
D2 has a clear record, on this I allow him a further 1 month’s deduction.
S There is nothing particular in D2’s personal background, his parents’ S
health condition was known to D2 before his commission of the offences,
T T
I do not consider there to be any further mitigating factor in the case of D2.
U U
V V
-7-
A A
B B
C 15. It was submitted on D1’s behalf that D1’s mental disorder was C
sufficiently severe that it had hampered his power of objective reasoning
D D
and control at the material time. The defence urged a reduction of 9 months
E for D1’s mental condition on the ground that his mental health may well E
have played a part in the commission of the offence whereby he did not
F F
realize the seriousness of what he was doing whereby his culpability was
G lessened. G
H H
16. The Court of Appeal in HKSAR v CHIU Peng Richard [2002]
I 1 HKC 401 held that “if an accused were suffering from mental illness I
which played a part in the commission of the offence, the court might
J J
properly allow a discount of sentence. The justification for the discount
K was to reflect the diminished criminality or culpability on the part of the K
accused who had committed a crime under an abnormal state of mind. He
L L
knew it was wrong to commit the crime, but he did not appreciate that the
M commission was as serious as it was; the degree of culpability was thus M
lessened. Or, as in this case, the accused’s mental illness made him gullible
N N
and easily susceptible to persuasion by the perpetrator of the crime,
O reducing his responsibility for participating.” O
P P
17. D1’s counsel referred me to HKSAR v ZHANG Mingtong
Q DCCC929/2019 in that case the defendant a visitor attempted to commit Q
two burglaries in September 2019. The psychiatric report of that defendant
R R
revealed that he has received psychiatric treatment in China for around
S three to four years, the defendant reporting hearing non-existing voices S
with abnormal referential and persecutory idea. With medication the
T T
U U
V V
-8-
A A
B B
defendant’s condition improved, however, prior to coming to Hong Kong
C the defendant had not been taking his medication for half a year. On C
admission to Siu Lam Psychiatric Centre in November 2019 the defendant
D D
was diagnosed to have schizophrenia with symptoms of disorganized
E speech with derailment and loosening of association. The sentencing judge E
was satisfied that the defendant’s mental health might well have played a
F F
part in the commission of the offence and lower the starting point to 21
G months for each attempted burglary. G
H H
18. But how D1’s schizophrenia contributed or related to the
I present burglary and unlawful remaining? I
J J
19. D1 said he met D2 on the day of the burglary but he could not
K recall the details of what happened next. But D1 confirmed that he K
admitted he had the necessary mens rea and the facts. The facts admitted
L L
by D1 suggested that he was the one who entered the premises and stole
M therein. If so, he was the one who locked the main entrance of the premises; M
counsel for D1 made no submission to the contrary. Counsel for D1
N N
submitted that D1’s mental health might have played a part in the
O commission of the offence and urged me to allow a reduction on this factor. O
P P
20. D1 has one previous conviction of burglary DCCC219/2018.
Q According to the fact of that case, D1 together with another burgled a Q
domestic premises in a similar manner. On that occasion the occupants of
R R
the premises returned and one of them was attacked. Apparently D1 has
S learnt a lesson from that occasion and the main door was locked from inside S
to prevent the occupants entering the premises in the present case. In that
T T
U U
V V
-9-
A A
B B
case D1 has put forward similar mitigation, but no discount was given for
C his alleged mental condition. I do remind myself that D1’s mental health C
condition might not be the same in 2021.
D D
E 21. In 2010 when D1 first known to mental health services, he E
presented with irrelevant speech and abnormal ideas of being the god-son
F F
of Deng Xiaoping and Ki Ke Qiang, as well as hearing voices telling him
G about these ideas and poor sleep. D1 said he did consult a psychiatrist in G
Mainland after his release in 2019, followed up on several occasions and
H H
on medication up to 14 June 2021, if so his mental state should be stable
I up to 14 June 2021. I
J J
22. D1 said he continued to take anti-psychotic medication whilst
K he was in custody. In April 2022 when he was last seen at WKPC he K
experienced auditory hallucination occasionally but not distressed by this.
L L
He has fair sleep and he said Chairman Deng was his God father. There
M was no paranoia and his speech was coherent and relevant. D1 said he M
committed the burglary due to fantasies/hallucinations he was having. But
N N
how the ideas of being the god-son of Chairman Deng and Premier Le had
O any to do with the offences. Unlike the defendant in CHIU Peng Richard O
and ZHANG Mingtong, there is no indication that his schizophrenia had
P P
any to do with the burglary and his illegal remaining in Hong Kong. I have
Q made it clear to D1 that if he wants to pursue on this point, he would need Q
to provide more materials for my consideration. But no further material
R R
was provided.
S S
T T
U U
V V
- 10 -
A A
B B
23. With the materials before, I am not satisfied that D1’s mental
C health had any to do with the commission of the present offences. No C
reduction would be given on this ground. The parents’ health condition
D D
and the family financial situation were known to D1 before his commission
E of the offences, I do not consider this amount to a mitigating factor. E
Psychiatric treatment has been provided to D1, I do not consider there to
F F
be any further mitigating factor in D1’s case.
G G
24. The tariff sentence of unlawful remaining is 15 months’
H H
imprisonment after a plea of guilty for a first offender. D1 and D2 pleaded
I guilty and are sentenced to 15 months accordingly. As reiterated by the I
Court of Appeal in HKSAR v Lau Pang CACC 252/2004 it was well settled
J J
that the sentence for burglary should be consecutive to the sentence for
K unlawfully remaining in Hong Kong. Taking into account of the totality K
principle, I allow 3 months of unlawful remaining to be served
L L
concurrently with the sentence of burglary.
M M
ORDER
N N
O Charge 1 D1 is sentenced to 26 months’ imprisonment. O
D2 is sentenced to 25 months’ imprisonment.
P P
Q Charge 2 D1 is sentenced to 15 months’ imprisonment, 3 Q
months served concurrently with Charge 1,
R R
making a total of 38 months.
S S
T T
U U
V V
- 11 -
A A
B B
Charge 3 D2 is sentenced to 15 months’ imprisonment, 3
C months served concurrently with Charge 1, C
making a total of 37 months.
D D
E E
F F
G ( Ada Yim ) G
Deputy District Judge
H H
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 32/2022
C [2023] HKDC 218 C
IN THE DISTRICT COURT OF THE
D D
HONG KONG SPECIAL ADMINISTRATIVE REGION
E CRIMINAL CASE NO 32 OF 2022 E
F --------------------------- F
HKSAR
G G
v
H WEI Qingchang H
DENG Tiqiang
I I
----------------------------
J J
Before: Deputy District Judge Ada Yim in Court
K K
Date: 19 January 2023
L Present: Mr CHAN Pak Kong, Counsel on Fiat, for HKSAR L
Mr CHAN Ging Man Robert, instructed by Lo, Wong & Tsui,
M M
st
assigned by the Director of Legal Aid, for the 1 Defendant
N N
Miss WONG Lok Man Mandy, instructed by Yip, Tse &
O
Tang, Tse & Tang, assigned by the Director of Legal Aid, for O
nd
the 2 Defendant
P P
Offence: [1] Burglary
Q [2] Illegal Remaining Q
[3] Illegal Remaining
R R
--------------------------------------
S REASONS FOR SENTENCE S
---------------------------------------
T T
U U
V V
-2-
A A
B B
1. The defendants were jointly charged with one count of
C burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, C
Cap 210’ and each being charged with one additional count of unlawful
D D
remaining contrary to section 38(1)(b) of the Immigration Ordinance,
E Cap 115. The defendants pleaded guilty to their respective charges, E
admitted the facts and were convicted accordingly.
F F
G FACTS G
H H
2. The residence of the Sun’s family at Flat C, 1st Floor, 202
I Shau Kei Wan Road was being burgled on 14 June 2021 between 4:30pm I
and 8:30pm. The main entrance was locked from inside by the burglars.
J J
Window grilles of a window being prized opened, locked drawers were
K prized opened, drawers inside the flat were ransacked. Cash of around K
HK$70,500, RMB3,000 and other valuable properties being stolen.
L L
M 3. CCTV at Ellen Building captured D2 wandering in the back M
alley leading to 202 Shau Kei Wan Road around 8:09pm and shortly joined
N N
by D1. The two stayed in the back alley for around 1 minute and
O disappeared from the camera. CCTV at Sunrise Motor Service captured O
D2 wandering at 202 Shau Kei Wan Road around 8:12pm together with
P P
D1. D1 disappeared 1 minute later and D2 remained at the spot for around
Q 11 minutes. At around 8:35pm on the same day, D1 and D2 reunited at Sai Q
Wan Ho MTR station. When the officers approached them, they attempted
R R
to flee but were subdued. Upon search, items stolen from the Sun’s family
S were recovered from the rucksack carried by D1. S
T T
U U
V V
-3-
A A
B B
4. In addition, the following items were found inside D1’s
C rucksack and D2’s bag respectively: C
D D
D1
E E
(a) 1 large size screwdriver’
F F
G (b) 1 medium size screwdriver; G
H H
(c) 1 torch; and
I I
(d) 1 pair of gloves.
J J
K D2 K
L L
(a) 1 pair of grey 3M gloves; and
M M
(b) 1 torch.
N N
O 5. At the material, D1 and D2 having entered Hong Kong O
unlawfully and remained in Hong Kong without the authority of the
P P
Director of Immigration. They together burgled the Sun’s residence while
Q the family was away. Q
R R
S S
T T
U U
V V
-4-
A A
B B
MITIGATION
C C
D1
D D
E 6. D1 aged 42, Mainland resident, married with 3 children, all E
live with D1’s parents in a small village house owned by D1’s father. He
F F
worked as a farmer and casual worker in Mainland, earning about
G RMB1,500. D1’s parents are in poor health; they are financially relied on G
D1. His wife used to be a housewife, since his arrest, the wife has taken
H H
up a job at a hotel, earning about RMB2,000 per month.
I I
7. D1 has one previous burglary conviction in 2018 and was last
J J
released on 30 April 2019. He was known to mental health services in
K China in 2010. He was last seen at WKPC on 25 April 2022. Clinically, K
he still experienced auditory hallucination occasionally but was not distress
L L
by this. There was no paranoia. His speech was coherent and relevant. He
M suffers from schizophrenia and he is currently on medication at night. M
N N
8. The defence submitted that D1’s mental disorder was
O sufficiently severe that it had hampered his power of objective reasoning O
and control at the material time. His mental health may well have played
P P
a part in the commission of the offence whereby he did not realize the
Q seriousness of what he was doing whereby his culpability was lessened, Q
and sought for a reduction of 9 months from the starting point as given in
R R
HKSAR v Zhang Mingtong.
S S
T T
U U
V V
-5-
A A
B B
D2
C C
9. D2 aged 38, Mainland resident, single. His parents are not in
D D
good health and require constant medical follow-ups at hospital. The
E parents live at hometown while his siblings are working at different E
provinces away from home. D2 used to be a factory worker earning RMB
F F
5,000 to 6,000 per month. He was out of job after the factories were closed
G for the covid epidemic. G
H H
10. D2 has a clear record. He was not in possession of any heavy
I housebreaking equipment nor sharp implement. No occupants were inside I
the premises. No sever damages caused and all the stolen properties were
J J
recovered. This was not a well-planned burglary and D2 was not a
K professional burglar. He made frank admission about his illegal immigrant K
status.
L L
M 11. D2 has been remanded since his arrest on 14 June 2021. M
During his remand, he deeply reflected on his own misdeeds and decided
N N
to bear full legal consequences. He looks forward to reunite with his family
O upon his release and undertakes to live a law-abiding life. O
P P
Sentence
Q Q
12. The customary starting point of sentence for domestic
R R
burglary is 3 years’ imprisonment. Such burglaries will involve a measure
S of planning, and thus a degree of premeditation and planning is already S
built into the conventional starting-point. The conventional starting-point
T T
U U
V V
-6-
A A
B B
can be increased in the case of professional criminals who plan their
C burglaries with meticulous care and steal goods and cash of considerable C
value. Same principle is applicable to domestic and non-domestic burglary
D D
HKSAR v Sim Ka Wing CACC 450/2000.
E E
13. Yeung JA, as he then was, said in HKSAR v Cheng Wai Kwai
F F
CACC338 & 339/2007 a case of burglary of non-domestic premises:-
G G
“The proper starting point for sentence in a case of burglary of
H non-domestic premises is 30 months’ imprisonment (see Rv H
Wong Man unreported, CACC 372/1992). The starting point
can be adjusted upwards if there are aggravating circumstances
I such as: (1) the offence is carefully planned and skilfully I
executed involving the use of heavy instrument or equipment;
J (2) the offence is committed by two or more people; (3) the J
offence targets at substantial premises and involves substantial
properties; (4) the offender is a professional burglar and not just
K an opportunist; (5) the offender has previous convictions, K
particularly previous conviction of similar nature, and (6) the
offender commits multiple offences.”
L L
M 14. In the present case, the flat was ransacked, window grilles M
and locks were prized opened. Cash over $70,000 and other valuable items
N N
were stolen. I accepted limited damages were caused to the premises, no
O occupant was inside at the material time, and all the stolen properties were O
recovered. However, the present case was committed by two persons, both
P P
were found in possession of housebreaking tools and/or gloves. I consider
Q the joint enterprise are aggregating features and increase the starting point Q
by 3 months. The defendants pleaded guilty, full 1/3 discount will be given.
R R
D2 has a clear record, on this I allow him a further 1 month’s deduction.
S There is nothing particular in D2’s personal background, his parents’ S
health condition was known to D2 before his commission of the offences,
T T
I do not consider there to be any further mitigating factor in the case of D2.
U U
V V
-7-
A A
B B
C 15. It was submitted on D1’s behalf that D1’s mental disorder was C
sufficiently severe that it had hampered his power of objective reasoning
D D
and control at the material time. The defence urged a reduction of 9 months
E for D1’s mental condition on the ground that his mental health may well E
have played a part in the commission of the offence whereby he did not
F F
realize the seriousness of what he was doing whereby his culpability was
G lessened. G
H H
16. The Court of Appeal in HKSAR v CHIU Peng Richard [2002]
I 1 HKC 401 held that “if an accused were suffering from mental illness I
which played a part in the commission of the offence, the court might
J J
properly allow a discount of sentence. The justification for the discount
K was to reflect the diminished criminality or culpability on the part of the K
accused who had committed a crime under an abnormal state of mind. He
L L
knew it was wrong to commit the crime, but he did not appreciate that the
M commission was as serious as it was; the degree of culpability was thus M
lessened. Or, as in this case, the accused’s mental illness made him gullible
N N
and easily susceptible to persuasion by the perpetrator of the crime,
O reducing his responsibility for participating.” O
P P
17. D1’s counsel referred me to HKSAR v ZHANG Mingtong
Q DCCC929/2019 in that case the defendant a visitor attempted to commit Q
two burglaries in September 2019. The psychiatric report of that defendant
R R
revealed that he has received psychiatric treatment in China for around
S three to four years, the defendant reporting hearing non-existing voices S
with abnormal referential and persecutory idea. With medication the
T T
U U
V V
-8-
A A
B B
defendant’s condition improved, however, prior to coming to Hong Kong
C the defendant had not been taking his medication for half a year. On C
admission to Siu Lam Psychiatric Centre in November 2019 the defendant
D D
was diagnosed to have schizophrenia with symptoms of disorganized
E speech with derailment and loosening of association. The sentencing judge E
was satisfied that the defendant’s mental health might well have played a
F F
part in the commission of the offence and lower the starting point to 21
G months for each attempted burglary. G
H H
18. But how D1’s schizophrenia contributed or related to the
I present burglary and unlawful remaining? I
J J
19. D1 said he met D2 on the day of the burglary but he could not
K recall the details of what happened next. But D1 confirmed that he K
admitted he had the necessary mens rea and the facts. The facts admitted
L L
by D1 suggested that he was the one who entered the premises and stole
M therein. If so, he was the one who locked the main entrance of the premises; M
counsel for D1 made no submission to the contrary. Counsel for D1
N N
submitted that D1’s mental health might have played a part in the
O commission of the offence and urged me to allow a reduction on this factor. O
P P
20. D1 has one previous conviction of burglary DCCC219/2018.
Q According to the fact of that case, D1 together with another burgled a Q
domestic premises in a similar manner. On that occasion the occupants of
R R
the premises returned and one of them was attacked. Apparently D1 has
S learnt a lesson from that occasion and the main door was locked from inside S
to prevent the occupants entering the premises in the present case. In that
T T
U U
V V
-9-
A A
B B
case D1 has put forward similar mitigation, but no discount was given for
C his alleged mental condition. I do remind myself that D1’s mental health C
condition might not be the same in 2021.
D D
E 21. In 2010 when D1 first known to mental health services, he E
presented with irrelevant speech and abnormal ideas of being the god-son
F F
of Deng Xiaoping and Ki Ke Qiang, as well as hearing voices telling him
G about these ideas and poor sleep. D1 said he did consult a psychiatrist in G
Mainland after his release in 2019, followed up on several occasions and
H H
on medication up to 14 June 2021, if so his mental state should be stable
I up to 14 June 2021. I
J J
22. D1 said he continued to take anti-psychotic medication whilst
K he was in custody. In April 2022 when he was last seen at WKPC he K
experienced auditory hallucination occasionally but not distressed by this.
L L
He has fair sleep and he said Chairman Deng was his God father. There
M was no paranoia and his speech was coherent and relevant. D1 said he M
committed the burglary due to fantasies/hallucinations he was having. But
N N
how the ideas of being the god-son of Chairman Deng and Premier Le had
O any to do with the offences. Unlike the defendant in CHIU Peng Richard O
and ZHANG Mingtong, there is no indication that his schizophrenia had
P P
any to do with the burglary and his illegal remaining in Hong Kong. I have
Q made it clear to D1 that if he wants to pursue on this point, he would need Q
to provide more materials for my consideration. But no further material
R R
was provided.
S S
T T
U U
V V
- 10 -
A A
B B
23. With the materials before, I am not satisfied that D1’s mental
C health had any to do with the commission of the present offences. No C
reduction would be given on this ground. The parents’ health condition
D D
and the family financial situation were known to D1 before his commission
E of the offences, I do not consider this amount to a mitigating factor. E
Psychiatric treatment has been provided to D1, I do not consider there to
F F
be any further mitigating factor in D1’s case.
G G
24. The tariff sentence of unlawful remaining is 15 months’
H H
imprisonment after a plea of guilty for a first offender. D1 and D2 pleaded
I guilty and are sentenced to 15 months accordingly. As reiterated by the I
Court of Appeal in HKSAR v Lau Pang CACC 252/2004 it was well settled
J J
that the sentence for burglary should be consecutive to the sentence for
K unlawfully remaining in Hong Kong. Taking into account of the totality K
principle, I allow 3 months of unlawful remaining to be served
L L
concurrently with the sentence of burglary.
M M
ORDER
N N
O Charge 1 D1 is sentenced to 26 months’ imprisonment. O
D2 is sentenced to 25 months’ imprisonment.
P P
Q Charge 2 D1 is sentenced to 15 months’ imprisonment, 3 Q
months served concurrently with Charge 1,
R R
making a total of 38 months.
S S
T T
U U
V V
- 11 -
A A
B B
Charge 3 D2 is sentenced to 15 months’ imprisonment, 3
C months served concurrently with Charge 1, C
making a total of 37 months.
D D
E E
F F
G ( Ada Yim ) G
Deputy District Judge
H H
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
DCCC32/2022 HKSAR v. WEI QINGCHANG AND ANOTHER - LawHero