區域法院（刑事）Deputy District Judge K Lo13/12/2023[2023] HKDC 1798
DCCC1128/2022
A A
B B
DCCC 1128/2022
C [2023] HKDC 1798 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1128 OF 2022
F F
G ------------------------ G
HKSAR
H H
v
I W.Z.W. I
------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 14 December 2023
L L
Present: Ms Lee Hoi Ping Peggy, Public Prosecutor, for HKSAR
M Mr Ng Tat Fai Tony, instructed by GT Lawyers, assigned by M
the Director of Legal Aid, for the defendant
N N
Offences: [1] Wilful assault causing injury to a child (故意襲擊導致兒
O O
童受到損害)
P [2], [3] & [5] Indecent assault on another person (猥褻侵犯 P
另一人)
Q Q
[7] Assault occasioning actual bodily harm (襲擊他人致造成
R R
身體傷害)
S S
T T
U U
V V
-2-
A A
B B
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C REASONS FOR SENTENCE C
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D D
E 1. The defendant was convicted on his own plea and agreement E
to Amended Summary of Facts of:
F F
G (i) 1 count of wilful assault causing injury to a child, G
contrary to section 27(1) of the Offences against the
H H
Person Ordinance, Cap 212 (1st charge);
I I
(ii) 3 counts of indecent assault on another person, contrary
J J
to section 122(1) of the Crimes Ordinance, Cap 200
K (2nd, 3rd and 5th charge); and K
L L
(iii) 1 count of assault occasioning actual bodily harm,
M contrary to Common Law and punishable under section M
39 of the Offences against the Person Ordinance, Cap
N N
th
212 (7 charge).
O O
2. Upon the prosecution’s application, the 4th charge and 6th
P P
charge were both left on court file and not to be proceeded with without
Q Q
leave of the court.
R R
Facts
S S
T
3. X and Y are sisters. X was born on 22 June 2006 while Y was T
born on 14 May 2004. They were born in Hong Kong. Their parents are
U U
V V
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A A
B B
mainlanders and reside in Guangdong. Soon after their births, the children
C were taken to Guangdong and taken care by their parents. C
D D
4. Until August 2014, the 8-year-old X and 10-year-old Y came
E to Hong Kong and lived with their paternal grandfather, the defendant E
(born on 5 July 1949) and paternal grandmother Z, in a public housing
F F
estate. A few months after X and Y came to Hong Kong, the defendant
G started to abuse them. G
H H
1st Charge: Wilful assault causing injury to a child (X)
I I
5. On a day between 2014 and 2015 (when Y was in Primary 4
J J
and X was in Primary 2), Y had a dispute with the defendant in the flat
K after the defendant tried to commit an indecent act towards her. X was K
present while Z was out of home. X tried to stop the fight between the
L L
defendant and Y. The defendant then grabbed X’s neck and lifted her off
M the ground. X’s feet were about 10 cm above the ground. As a result, X M
had difficulty in breathing and her neck was hurt by the defendant’s nails.
N N
X and Y both felt scared and they kept crying. As the wooden door of the
O flat was open, a neighbour passed by outside the flat and looked at them. O
Then the defendant released his hand. After that, he took out a chopper and
P P
pushed the two girls to the toilet where he threatened to kill them if they
Q Q
complained to their mother or paternal uncle.
R R
2nd Charge: Indecent assault on Y
S S
T
6. On a day between 2014 and 2016 (when Y was in Primary 3 T
or 4 and aged between 10 and 12), at around 9 pm, only X, Y and the
U U
V V
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A A
B B
defendant were in the flat. While Y was taking a shower in the toilet,
C suddenly, the defendant used a screwdriver to prize open the locked toilet C
door and looked at Y who was naked. Y immediately screamed and used
D D
both of her hands to cover her upper body and knelt down. The defendant
E scolded Y for crying aloud. After that, the defendant went away. Y closed E
the door and put on her clothes.
F F
G 3rd Charge: Indecent assault on X G
H H
7. On a day between 2016 and 2017 (when X was in Primary 3
I and aged about 10), at about 4 pm, only X and the defendant were in the I
flat. While X was sitting on her own bed and watching TV, the defendant
J J
pushed her onto the bed and removed her pants and underpants while
K grasping her wrists. Then, the defendant used his index or middle finger to K
touch X’s genitals and further inserted it into her vagina. While doing so,
L L
the defendant smiled and said it was very narrow and had no water. X felt
M very painful and disgusted. M
N N
8. After that, the defendant took out his penis and placed it on
O the outside of X’s vagina. He flung his penis around a few times. Finally, O
after removing X’s upper garment, the defendant held her up and put her
P P
on his bed where he tried to lick her left breast. X immediately pushed
Q away the defendant’s head and went out of the flat. The whole process Q
R
lasted about 15 minutes. X dared not disclose the incident to others as she R
felt very painful.
S S
T T
U U
V V
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A A
B B
5th Charge: Indecent assault on X
C C
9. The most recent sexual abuse on X took place on or about 6
D D
May 2022. At that time, X was 15 years old. At around 6 am that day, X
E was sleeping on her bed in the flat. The defendant came home from work. E
He slipped his hands into X’s blanket and stuck his right hand inside the
F F
collar of her clothes to grab and fondle her right breast for 2 to 3 seconds
G underneath her bra. X felt painful and uncomfortable, and she was woken G
up by that. The defendant then withdrew his hand. X scolded the defendant
H H
but the defendant just ignored her.
I I
7th Charge: Assault occasioning actual bodily harm on Y
J J
K 10. In the afternoon of 10 May 2022, Y came home from school. K
The defendant and X were at home. The defendant scolded Y for saying
L L
things damaging the family relationship. The defendant and Y had a verbal
M dispute. Soon later, the defendant had dinner and he continued to scold Y. M
When Y was sitting on her bed and using her mobile phone to record what
N N
the defendant was saying, the defendant came towards her and used his left
O hand to push her right shoulder. As a result, Y was pushed down onto the O
bed. She picked up a clothes hanger to defend herself. The defendant then
P P
held chopsticks in his right hand and punched Y’s right arm with his left
Q fist. Y defended by hitting the defendant’s left arm with the clothes hanger Q
R
but the defendant continued to hit her 10-odd times. Finally, X came up to R
stop the defendant and then went away with Y. In the incident, Y suffered
S S
bleeding on her right index finger and bruising over her left forearm and
T
both knees. No medical treatment was sought. T
U U
V V
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A A
B B
Criminal Record
C C
11. The defendant has a clear record.
D D
E Mitigation E
F F
12. The defendant is aged 74, married and his wife aged 73.
G Defence counsel said the defendant is in ill health and has been suffering G
from diabetes, hyperglycaemia, hypertension as well as diabetic
H H
retinopathy. He needs to attend regular follow-up treatments. It was said
I that he was admitted to hospital twice this year. I
J J
13. Defence counsel said the defendant is now deeply remorseful
K as to what he has done, and he took the earliest opportunity to plead guilty K
to the offences. He asked this court for leniency.
L L
M 14. Defence counsel referred this court to cases which set out the M
sentencing principles in indecent assault cases: HKSAR v Kong Yun Chiu,
N N
CACC 315/2006, Secretary for Justice v Huang Long Wei [2009] 3
O HKLRD 136, HKSAR v Lee Kwok Wai [2012] 2 HKLRD 239 as well as O
HKSAR v Tsang Chiu Tak [2013] 1 HKLRD 427.
P P
Q Q
15. Defence counsel also referred this court to cases for
R
consideration of the sentencing: HKSAR v L.W.K. [2023] HKDC 116, R
HKSAR v Y.J.F. [2023] HKDC 1009, HKSAR v W.Y.M. [2021] HKDC
S S
1220, HKSAR v K.K.L. [2022] HKDC 1515, and HKSAR v Ng Ngok Wai
T
[2008] 1 HKLRD 546. T
U U
V V
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A A
B B
16. He suggested that the sentencing range for the defendant in
C the present case should be within 20 to 28 months’ imprisonment. He C
st th
submitted that as the 1 charge and 7 charge are closely related to the
D D
indecent assault charges, the sentence of the 1st charge and 7th charge
E should run concurrently with the sentence for the indecent assault charges. E
He further urged this court to consider the totality principle.
F F
G Victim Impact Report G
H H
17. Before sentencing, this court has the benefit of considering the
I victim impact report called for victim X and Y. I
J J
X
K K
18. The report says X, now a 17-year-old girl, is a victim of both
L L
physical and sexual abuse by the defendant over the years since the age of
M 8. It is said that not long after X moved to Hong Kong, her paternal M
grandfather, ie the defendant, started the inappropriate and indecent
N N
touching. She tried to approach her father back in mainland but she was
O told by her father that these were only ways that grandfather showed his O
love to her. She felt confused and helpless.
P P
Q Q
19. For the 1st charge incident, when the incident occurred, X
R
could only close her eyes and dissociate herself as it was too overwhelming R
and shocking. The defendant only stopped grabbing her neck off the
S S
ground with his hands when a neighbour passed by. Then, X and her sister
T
ran away from home and hid in the corridor outside the flat. The defendant T
U U
V V
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A A
B B
also threatened X that if she disclosed what happened, he would kill her by
C chopping her to death. C
D D
20. According to the report, this traumatic experience including
E the sounds and the imaging were too overwhelming and also imprinted in E
X’s mind. She would involuntarily hear those grabbing sound even until
F F
now, particularly when she felt stressed. As a young child, she hoped that
G someone would save her but the reality was not as expected, which shocked G
and changed her view of the world.
H H
I 21. For the 3rd charge incident, X avoided mentioning this I
incident as it was overwhelmingly painful to do so. There were intrusive
J J
memories and flashback arising from this particular incident up till now.
K Her sleep had been disturbed with frequent nightmares, and only when she K
was removed from home and arranged residential care did she start to sleep
L L
better.
M M
22. X tried to talk to her grandmother and her parents about these
N N
incidents but they tended to side with the grandfather, the defendant. X’s
O father blamed her and commented that she should be grateful that the O
grandparents took care of her and paid for the expenses. Her grandmother
P P
told her that these scandals should not be made known to outsiders when
Q Q
X tried to call the police for help. X also worried about the living
R
arrangement and safety of herself and her elder sister if she really reported R
the incident to the authority as the defendant constantly threatened her. She
S S
was confused whether it was right to report to the authority and worried
T
that it would be shameful to disclose her sexual and physical abuse T
incidents. As a result, she kept these secrets to herself.
U U
V V
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A A
B B
C 23. She had also thought of committing suicide by jumping from C
height when she was in Primary 3 to 4, but she thought of her mother whom
D D
she loved so dearly, and her suicidal thought fortunately vanished.
E E
24. However, not knowing anyone trustworthy to turn for
F F
assistance, she started to stay away from home to avoid meeting the
G defendant. She often stayed for hours in community centre or public library G
after school and during weekends until the defendant went to work. She
H H
had a home which she considered not safe.
I I
25. Not only did the physical and sexual aggression the defendant
J J
exerted on her left her with intrusive and distressing memories until now,
K it also affected her sexual and psychosocial development. She grew to have K
fear of the opposite sex when she reached adolescence. She did not know
L L
how to relate with male and felt distressed and unsafe if she had to. She
M intentionally chose to study in a girls’ school in order to avoid interaction M
with the male.
N N
O 26. Concerning the reporting to police, X was blamed by her O
father and paternal relatives. They blamed her for creating trouble to the
P P
family and potentially putting the defendant to jail. She was disappointed
Q Q
as to their responses, and she did not know how to relate with her mother
R
and grandmother with such responses. R
S S
27. X’s self-esteem was found to be negatively affected by the
T
incident. She felt shameful and painful to recall what happened. T
U U
V V
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A A
B B
28. The clinical psychologist concluded that result of the present
C examination suggested that X was encountering emotional distress arising C
from the incidents and the aftermath. She was blamed by the family
D D
members even though she gathered her strength to disclose to them what
E happened. She learnt that no one would protect her and save her from the E
ordeal. She sadly had to learn to run away from home and fought against
F F
the sexual and physical abuses almost on a daily basis all on her own to
G protect herself. She was deprived of a loving and supporting childhood G
which each child is expected to have. She was left with trauma and abuses.
H H
Her psychosocial development was jeopardised. She was deprived of a
I normal development of sexuality which affected her views on intimacy and I
romantic relationship as she was sexually abused before she could receive
J J
a proper sex education.
K K
29. It was fortunate that she did not commit suicide because of
L L
her thought of her mother, but this loving relationship with her mother and
M grandmother was inevitably affected after the case was reported. The M
blaming from her paternal relatives further imperilled her mental well-
N N
being.
O O
30. It is said by the clinical psychologist that the impact of the
P P
abuse is indeed extensive across different areas of X’s life and
Q Q
development, in the past, the present and likely the future. The intrusive
R
and distressing memories of the past are still affecting X. She also tended R
to adopt avoidant coping due to the emotional stress provoked. It is said
S S
that X needed psychotherapy to help her make sense of what happened and
T
to handle the psychological responses emerging throughout the T
rehabilitation process.
U U
V V
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A A
B B
C Y C
D D
31. Y is the elder sister of X. Again, it is said in the report that not
E long after Y moved to Hong Kong with X, the defendant started sexually E
abusing her. He also threatened that if she disclosed to others what
F F
happened, she would become an orphan and no one would support her and
G her sister’s living. She was very scared that she would become homeless if G
she disclosed what happened to others. It appears to Y that the defendant
H H
seemed gratified by annoying and harassing Y as Y reported that even
I though she screamed and cried and begged him to stop doing the indecent I
actions, he would look pleased and continue to do so.
J J
K 32. Y stopped having to endure all of the above only after she was K
removed from home when the incidents were reported to police. She could
L L
only feel safe sleeping in bed, not worrying the defendant would harass her
M anytime when arranged the out-of-home residential care. M
N N
33. Y said that she had tried to tell her grandmother, yet she did
O not believe her and tended to side with the defendant. But later her O
grandmother would talk to the defendant and ask him to stop as the actions
P P
became too frequent as reported by both X and Y.
Q Q
R
34. Presently, Y felt scared having to interact with male, and same R
as X, she chose to study in a girls’ secondary school. Y could not imagine
S S
developing any intimate heterosexual relationship in the future. She felt
T
stressed and unsafe when men were around, such as when she was taking T
the public transport and when she was in crowded area. She felt shameful
U U
V V
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A A
B B
as being abused sexually by the defendant and perceived herself as “a dirty
C person”. She believed that if she had to develop an intimate relationship C
later in life, she must tell the other party her past which would drive people
D D
away as she was a victim of incest, which she believed to be dirty and
E others would not accept her. E
F F
35. Her views on her own sexual need and intimacy were
G distorted by these abuses. Her self-esteem was found to be negatively G
affected due to years of aggression she endured. She felt inferior to her
H H
peers in school as she thinks that her peers are psychologically healthy
I without abuse experiences. She perceived herself to be a pessimistic and I
introvert person compared to her peers due to all these adverse experiences.
J J
She believed that if the incidents did not occur, she would have been a more
K cheerful and open person and not in fear of getting close with others or K
establishing a meaningful relationship.
L L
M 36. Facing aggression on a daily basis without any support and M
with no one to talk to, Y often had intrusive thoughts and memories
N N
regarding the incidents. She tried to preoccupy herself with different things
O and avoid thinking about the incidents. But she would involuntarily recall O
the incidents when she came across similar incidents when watching news,
P P
seeing some campaigns relating to sexual abuse or even when sleeping on
Q Q
the bed. She would exhibit dissociative symptoms and reported difficulties
R
concentrating at times. Her studies were believed to be inevitably affected. R
She was repeating Form 4 currently for the second time. She felt lost about
S S
her future due to her academic performance.
T T
U U
V V
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A A
B B
37. Y encountered a lot of stress and had to endure a lot of
C blaming from paternal relatives since the disclosure, and some of them C
asked her to withdraw from the legal procedures. She felt that all the
D D
relatives tried to protect the defendant and blamed her for potentially
E putting the defendant in jail, and almost none of them genuinely cared E
about her and her sister.
F F
G 38. Considering all the information gathered, the clinical G
psychologist said that it appeared that suppression and avoidance had been
H H
Y’s strategies in view of the aggression that the defendant exerted on her
I over the years. Y’s self-esteem was found to be negatively affected. I
J J
39. The clinical psychologist concluded that living from the secret
K of sexual abuse and physical aggression for years without anyone K
trustworthy she could locate, affected how Y sees herself and relates to
L L
others. Her psychosocial development was jeopardised. She was deprived
M of a normal development of sexuality, which affected her views on M
intimacy and romantic relationship. She exhibited some dissociative
N N
reactions in order to cope with the overwhelming emotional and physical
O pain, which also affected her studies as her attention was affected. O
P P
40. Y did ask for help from her mother and grandmother but they
Q Q
failed to protect her. Her relationship with her mother and grandmother,
R
the two relatively more supportive figures in her life, was also inevitably R
affected and became ambivalent post-disclosure. She was left alone with
S S
her sister to face all the aftermath despite being the victims of years of
T
abuse. T
U U
V V
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A A
B B
41. It is said that the impact of the abuse is indeed extensive across
C different areas of Y’s life and development, in the past, the present and C
likely the future. It is said that Y required psychotherapy to help her make
D D
sense of what happened and to handle the psychological responses
E gradually emerging during the rehabilitation process. E
F F
Discussion
G G
42. Before sentencing, this court has considered all that was
H H
submitted on behalf of the defendant by defence counsel, including the
I authorities, mitigation letters and the medical treatment documents. I
J J
43. This is no doubt one of the very serious case of abuse, physical
K and sexual, by the defendant on two very young girls entrusted in his care K
over a prolonged period of time, which affected the life and development
L L
of these two victims extensively in different areas. They now both require
M psychotherapy in the rehabilitation process. M
N N
44. The defendant has treated them as sex toys, readily available
O for fun and use whenever he felt like it, and physically abused them even O
when they refused. The defendant actually derived joy when he saw these
P P
victims being put in fear, pain and anger.
Q Q
R
1st Charge R
S S
45. On conviction upon indictment of this charge, a person is
T
liable to imprisonment for 10 years. T
U U
V V
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A A
B B
46. X was then only aged 8 and the defendant was then aged 65.
C X was subject to grabbing of the neck to the extent that she was lifted off C
the ground and had difficulty in breathing, with the defendant’s fingernails
D D
hurting her neck. This happened when X tried to prevent the defendant
E hurting her sister Y (then aged 10). According to X, the defendant was E
trying to sexually abuse her sister and was angered when X intervened. X
F F
was so overwhelmed and shocked at the time that she closed her eyes and
G dissociated herself, as she said in the victim impact report. It is only lucky G
that the defendant stopped when their neighbour passed by because the flat
H H
then had the door open.
I I
47. Further, the defendant even took the chopper out and pushed
J J
the two girls to toilet, threatening to kill them if they told.
K K
48. One must remember the age of both X and Y at the time, the
L L
tremendous fear instilled in X and Y during the incident, the threat to X’s
M life when she was held and choked by the defendant, and the fact that they M
had no one to turn to or no place to take refuge. They in fact hid in the near
N N
staircase of their flat after the incident. X told of the impact on her by this
O incident in the report. O
P P
49. Immediate imprisonment is the only appropriate sentencing
Q option, even considering the defendant’s clear record. In this case, the court Q
R
considers that the appropriate sentencing starting point is 3 years and 6 R
months’ imprisonment.
S S
T T
U U
V V
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A A
B B
50. The defendant has pleaded guilty and that is the only valid
C mitigating factor. He is therefore sentenced to 2 years and 4 months’ C
st
imprisonment for the 1 charge.
D D
E 2nd, 3rd and 5th Charge E
F F
51. A person upon conviction on indictment of this offence is
G liable to imprisonment for 10 years. G
H H
52. In the case of Tsang Chiu Tak, it is said that sexual assaults
I on children were serious offences which warranted deterrent sentence to I
show abhorrence of the public to this kind of crime and to redress the
J J
grievance suffered by the victims and their family.
K K
53. Cheung JA (as he then was) in that case said that when the
L L
court dealt with offences of sexual assaults on a child, the factors that it
M needed to take into consideration included: M
N N
(a) the age difference between the defendant and the
O victim; O
P P
(b) the relationship between the defendant and the victim,
Q Q
including whether the defendant had taken advantage
R
of his position or status to commit the offence and R
whether there was a breach of trust in the case;
S S
T
(c) whether the defendant had used threats or inducement T
to make the victim succumb;
U U
V V
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A A
B B
C (d) the number of occasions of committing the offences C
and the duration of the offences;
D D
E (e) whether inappropriate and unnecessary violence was E
used by the defendant to cause harm or discomfort to
F F
the victim;
G G
(f) whether any safety measures were taken by the
H H
defendant in sexually abusing the victim in order to
I avoid transmitting any venereal disease to the victim or I
getting her pregnant;
J J
K (g) whether the sexual abuses have caused physical or K
psychological trauma to the victim;
L L
M (h) whether the offences have impact on the family M
members of the victim;
N N
O (i) whether the defendant was involved in other O
inappropriate behaviour such as inviting other people
P P
to watch or take photos or videos of the offence he
Q Q
committed; and
R R
(j) whether the defendant is psychologically imbalanced
S S
and paedophilic and the likelihood of re-offending.”
T T
U U
V V
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A A
B B
54. In the present case:
C C
(a) The age disparity between the defendant and X is 51
D D
years, and that between the defendant and Y is 49 years.
E E
(b) There is clearly breach of trust as these victims were
F F
placed in the care of the defendant and his wife whilst
G their parents continued to reside in the mainland. G
H H
(c) The defendant has used threats and violence on the
I victims. According to Y, the defendant told her not to I
report the incidents or else she would become an orphan
J J
and become homeless with no one to look after her and
K her sister. According to the facts of the 1st charge, he K
had used chopper to threaten them not to tell anyone of
L L
the incident.
M M
(d) The sexual assaults on X and Y lasted for a number of
N N
years which, according to the victim impact report,
O affected the lives and development of the two victims O
extensively in all areas.
P P
Q Q
(e) According to the facts of the 3rd charge, the defendant
R
did grasp X’s wrists after pushing her to the bed. R
S S
(f) The defendant did not stop offending despite being told
T
by his wife and his son. T
U U
V V
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A A
B B
55. There are two very young victims involved in this case, and
C they were both very seriously affected. One even had the suicidal thoughts. C
This court notes in particular when the defendant committed the offences
D D
such as the 2nd charge, the defendant had deprived Y of her dignity and
E privacy even when she was just taking a bath. He committed the offence E
when he felt like it. Even though Y locked the door, he prised the same
F F
open with a screwdriver. This is an outrageous act on a small child,
G especially when the defendant knew exactly that the child had no one to G
turn to and no other place she can stay in Hong Kong. He clearly knew how
H H
Y would be scared as she screamed and covered herself and knelt down.
I I
56. Considering the above, for the 2nd charge, the court adopts 18
J J
months’ imprisonment as the sentencing starting point. The same is
K reduced to 12 months’ imprisonment by reason of the defendant’s guilty K
plea.
L L
M 57. For the 3rd charge, this is the most serious of all charges. The M
defendant had not used his penis to penetrate the vagina which made the
N N
offence short of rape. After removing all the clothes of X and inserted his
O fingers into her vagina for some time, the defendant then carried X to O
another bed in the more interior part of the housing unit and he tried to lick
P P
her breast. It is lucky that X then managed to escape to prevent the incident
Q Q
escalating.
R R
58. It is also noted that when committing the offence, the
S S
defendant smiled when the victim X, then aged about 10, was in fear and
T
pain, and he even made comments during the process. The whole incident T
U U
V V
- 20 -
A A
B B
lasted for about 15 minutes, and up till this day, X was still traumatised by
C the incident. C
D D
59. This court considers that 4 years and 6 months’ imprisonment
E as an appropriate sentencing starting point for the 3rd charge. The same is E
discounted to 36 months’ imprisonment by reason of the defendant’s guilty
F F
plea.
G G
60. For the 5th charge, X was aged about 15 and the defendant was
H H
aged 72 then. The sentencing starting point for this offence is 21 months’
I imprisonment. The defendant is sentenced to 14 months’ imprisonment by I
reason of his guilty plea.
J J
K 7th Charge K
L L
61. On conviction upon indictment, a person is liable to
M imprisonment for 3 years for this charge. M
N N
62. The defendant used his fist whilst holding chopsticks in the
O other hand when assaulting Y. As a result, Y suffered bleeding on the right O
index finger and bruising over her left forearm and both knees. Y was aged
P P
17 and the defendant was aged 72 then.
Q Q
R
63. The sentencing starting point for this charge is 9 months’ R
imprisonment. The defendant is therefore sentenced to 6 months’
S S
imprisonment by reason of his guilty plea.
T T
U U
V V
- 21 -
A A
B B
Totality
C C
64. As said earlier, the court considers that instead of giving the
D D
victims a loving home, the defendant, the paternal grandfather of these two
E very young children, has turned the flat into a horror house for them. E
According to the impact report, they were unable to sleep tight in the flat
F F
because they were in fear of being assaulted at any time. They felt safe only
G when they were relocated. And over the years, they were only able to stay G
away from home, either going to the public libraries and community
H H
centres, or hiding in the near staircase after incidents of assault.
I I
65. Considering the circumstances of the case and the overall
J J
culpability of the defendant, the court finds that 4 years and 7 months’
K imprisonment after plea is a just and proportionate sentence, even K
considering his age.
L L
M 66. Accordingly, sentence for the 7th charge is to run totally M
concurrent to the sentence for the 1st charge. 15 months’ imprisonment of
N N
st th
the sentence for the 1 and 7 charge is to run consecutive to the sentence
O for the 3rd charge. 2 months’ imprisonment each for the sentence for the 2nd O
and 5th charge is to run consecutive to the sentence for the 3rd charge, the
P P
rest to run concurrently.
Q Q
R
67. This court praises X and Y for their courage in bringing these R
incidents to light. They must know that they have done the right thing and
S S
that they should not feel guilty for what happened to their paternal
T
grandfather. This court urges the Social Welfare Department and the T
Housing Authority to do all that they can to assist these two victims in their
U U
V V
- 22 -
A A
B B
rehabilitation process, including but not limited to giving them assistance
C financially and in respect of the housing placement. C
D D
68. The court also advises the family members to adopt the same
E attitude towards X and Y and be supportive to them in their rehabilitation. E
They are the victims and should not bear the blame and the betrayal. The
F F
family members who know the incidents, especially the parents, should
G have done much more to prevent the reoccurrence of these incidents when G
the girls reported the incidents. They have clearly failed their duty as
H H
parents and relatives, and they should now amend their wrongs.
I I
J J
K K
( K Lo )
L L
Deputy District Judge
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 1128/2022
C [2023] HKDC 1798 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 1128 OF 2022
F F
G ------------------------ G
HKSAR
H H
v
I W.Z.W. I
------------------------
J J
K Before: Deputy District Judge K Lo K
Date: 14 December 2023
L L
Present: Ms Lee Hoi Ping Peggy, Public Prosecutor, for HKSAR
M Mr Ng Tat Fai Tony, instructed by GT Lawyers, assigned by M
the Director of Legal Aid, for the defendant
N N
Offences: [1] Wilful assault causing injury to a child (故意襲擊導致兒
O O
童受到損害)
P [2], [3] & [5] Indecent assault on another person (猥褻侵犯 P
另一人)
Q Q
[7] Assault occasioning actual bodily harm (襲擊他人致造成
R R
身體傷害)
S S
T T
U U
V V
-2-
A A
B B
------------------------------------------------
C REASONS FOR SENTENCE C
------------------------------------------------
D D
E 1. The defendant was convicted on his own plea and agreement E
to Amended Summary of Facts of:
F F
G (i) 1 count of wilful assault causing injury to a child, G
contrary to section 27(1) of the Offences against the
H H
Person Ordinance, Cap 212 (1st charge);
I I
(ii) 3 counts of indecent assault on another person, contrary
J J
to section 122(1) of the Crimes Ordinance, Cap 200
K (2nd, 3rd and 5th charge); and K
L L
(iii) 1 count of assault occasioning actual bodily harm,
M contrary to Common Law and punishable under section M
39 of the Offences against the Person Ordinance, Cap
N N
th
212 (7 charge).
O O
2. Upon the prosecution’s application, the 4th charge and 6th
P P
charge were both left on court file and not to be proceeded with without
Q Q
leave of the court.
R R
Facts
S S
T
3. X and Y are sisters. X was born on 22 June 2006 while Y was T
born on 14 May 2004. They were born in Hong Kong. Their parents are
U U
V V
-3-
A A
B B
mainlanders and reside in Guangdong. Soon after their births, the children
C were taken to Guangdong and taken care by their parents. C
D D
4. Until August 2014, the 8-year-old X and 10-year-old Y came
E to Hong Kong and lived with their paternal grandfather, the defendant E
(born on 5 July 1949) and paternal grandmother Z, in a public housing
F F
estate. A few months after X and Y came to Hong Kong, the defendant
G started to abuse them. G
H H
1st Charge: Wilful assault causing injury to a child (X)
I I
5. On a day between 2014 and 2015 (when Y was in Primary 4
J J
and X was in Primary 2), Y had a dispute with the defendant in the flat
K after the defendant tried to commit an indecent act towards her. X was K
present while Z was out of home. X tried to stop the fight between the
L L
defendant and Y. The defendant then grabbed X’s neck and lifted her off
M the ground. X’s feet were about 10 cm above the ground. As a result, X M
had difficulty in breathing and her neck was hurt by the defendant’s nails.
N N
X and Y both felt scared and they kept crying. As the wooden door of the
O flat was open, a neighbour passed by outside the flat and looked at them. O
Then the defendant released his hand. After that, he took out a chopper and
P P
pushed the two girls to the toilet where he threatened to kill them if they
Q Q
complained to their mother or paternal uncle.
R R
2nd Charge: Indecent assault on Y
S S
T
6. On a day between 2014 and 2016 (when Y was in Primary 3 T
or 4 and aged between 10 and 12), at around 9 pm, only X, Y and the
U U
V V
-4-
A A
B B
defendant were in the flat. While Y was taking a shower in the toilet,
C suddenly, the defendant used a screwdriver to prize open the locked toilet C
door and looked at Y who was naked. Y immediately screamed and used
D D
both of her hands to cover her upper body and knelt down. The defendant
E scolded Y for crying aloud. After that, the defendant went away. Y closed E
the door and put on her clothes.
F F
G 3rd Charge: Indecent assault on X G
H H
7. On a day between 2016 and 2017 (when X was in Primary 3
I and aged about 10), at about 4 pm, only X and the defendant were in the I
flat. While X was sitting on her own bed and watching TV, the defendant
J J
pushed her onto the bed and removed her pants and underpants while
K grasping her wrists. Then, the defendant used his index or middle finger to K
touch X’s genitals and further inserted it into her vagina. While doing so,
L L
the defendant smiled and said it was very narrow and had no water. X felt
M very painful and disgusted. M
N N
8. After that, the defendant took out his penis and placed it on
O the outside of X’s vagina. He flung his penis around a few times. Finally, O
after removing X’s upper garment, the defendant held her up and put her
P P
on his bed where he tried to lick her left breast. X immediately pushed
Q away the defendant’s head and went out of the flat. The whole process Q
R
lasted about 15 minutes. X dared not disclose the incident to others as she R
felt very painful.
S S
T T
U U
V V
-5-
A A
B B
5th Charge: Indecent assault on X
C C
9. The most recent sexual abuse on X took place on or about 6
D D
May 2022. At that time, X was 15 years old. At around 6 am that day, X
E was sleeping on her bed in the flat. The defendant came home from work. E
He slipped his hands into X’s blanket and stuck his right hand inside the
F F
collar of her clothes to grab and fondle her right breast for 2 to 3 seconds
G underneath her bra. X felt painful and uncomfortable, and she was woken G
up by that. The defendant then withdrew his hand. X scolded the defendant
H H
but the defendant just ignored her.
I I
7th Charge: Assault occasioning actual bodily harm on Y
J J
K 10. In the afternoon of 10 May 2022, Y came home from school. K
The defendant and X were at home. The defendant scolded Y for saying
L L
things damaging the family relationship. The defendant and Y had a verbal
M dispute. Soon later, the defendant had dinner and he continued to scold Y. M
When Y was sitting on her bed and using her mobile phone to record what
N N
the defendant was saying, the defendant came towards her and used his left
O hand to push her right shoulder. As a result, Y was pushed down onto the O
bed. She picked up a clothes hanger to defend herself. The defendant then
P P
held chopsticks in his right hand and punched Y’s right arm with his left
Q fist. Y defended by hitting the defendant’s left arm with the clothes hanger Q
R
but the defendant continued to hit her 10-odd times. Finally, X came up to R
stop the defendant and then went away with Y. In the incident, Y suffered
S S
bleeding on her right index finger and bruising over her left forearm and
T
both knees. No medical treatment was sought. T
U U
V V
-6-
A A
B B
Criminal Record
C C
11. The defendant has a clear record.
D D
E Mitigation E
F F
12. The defendant is aged 74, married and his wife aged 73.
G Defence counsel said the defendant is in ill health and has been suffering G
from diabetes, hyperglycaemia, hypertension as well as diabetic
H H
retinopathy. He needs to attend regular follow-up treatments. It was said
I that he was admitted to hospital twice this year. I
J J
13. Defence counsel said the defendant is now deeply remorseful
K as to what he has done, and he took the earliest opportunity to plead guilty K
to the offences. He asked this court for leniency.
L L
M 14. Defence counsel referred this court to cases which set out the M
sentencing principles in indecent assault cases: HKSAR v Kong Yun Chiu,
N N
CACC 315/2006, Secretary for Justice v Huang Long Wei [2009] 3
O HKLRD 136, HKSAR v Lee Kwok Wai [2012] 2 HKLRD 239 as well as O
HKSAR v Tsang Chiu Tak [2013] 1 HKLRD 427.
P P
Q Q
15. Defence counsel also referred this court to cases for
R
consideration of the sentencing: HKSAR v L.W.K. [2023] HKDC 116, R
HKSAR v Y.J.F. [2023] HKDC 1009, HKSAR v W.Y.M. [2021] HKDC
S S
1220, HKSAR v K.K.L. [2022] HKDC 1515, and HKSAR v Ng Ngok Wai
T
[2008] 1 HKLRD 546. T
U U
V V
-7-
A A
B B
16. He suggested that the sentencing range for the defendant in
C the present case should be within 20 to 28 months’ imprisonment. He C
st th
submitted that as the 1 charge and 7 charge are closely related to the
D D
indecent assault charges, the sentence of the 1st charge and 7th charge
E should run concurrently with the sentence for the indecent assault charges. E
He further urged this court to consider the totality principle.
F F
G Victim Impact Report G
H H
17. Before sentencing, this court has the benefit of considering the
I victim impact report called for victim X and Y. I
J J
X
K K
18. The report says X, now a 17-year-old girl, is a victim of both
L L
physical and sexual abuse by the defendant over the years since the age of
M 8. It is said that not long after X moved to Hong Kong, her paternal M
grandfather, ie the defendant, started the inappropriate and indecent
N N
touching. She tried to approach her father back in mainland but she was
O told by her father that these were only ways that grandfather showed his O
love to her. She felt confused and helpless.
P P
Q Q
19. For the 1st charge incident, when the incident occurred, X
R
could only close her eyes and dissociate herself as it was too overwhelming R
and shocking. The defendant only stopped grabbing her neck off the
S S
ground with his hands when a neighbour passed by. Then, X and her sister
T
ran away from home and hid in the corridor outside the flat. The defendant T
U U
V V
-8-
A A
B B
also threatened X that if she disclosed what happened, he would kill her by
C chopping her to death. C
D D
20. According to the report, this traumatic experience including
E the sounds and the imaging were too overwhelming and also imprinted in E
X’s mind. She would involuntarily hear those grabbing sound even until
F F
now, particularly when she felt stressed. As a young child, she hoped that
G someone would save her but the reality was not as expected, which shocked G
and changed her view of the world.
H H
I 21. For the 3rd charge incident, X avoided mentioning this I
incident as it was overwhelmingly painful to do so. There were intrusive
J J
memories and flashback arising from this particular incident up till now.
K Her sleep had been disturbed with frequent nightmares, and only when she K
was removed from home and arranged residential care did she start to sleep
L L
better.
M M
22. X tried to talk to her grandmother and her parents about these
N N
incidents but they tended to side with the grandfather, the defendant. X’s
O father blamed her and commented that she should be grateful that the O
grandparents took care of her and paid for the expenses. Her grandmother
P P
told her that these scandals should not be made known to outsiders when
Q Q
X tried to call the police for help. X also worried about the living
R
arrangement and safety of herself and her elder sister if she really reported R
the incident to the authority as the defendant constantly threatened her. She
S S
was confused whether it was right to report to the authority and worried
T
that it would be shameful to disclose her sexual and physical abuse T
incidents. As a result, she kept these secrets to herself.
U U
V V
-9-
A A
B B
C 23. She had also thought of committing suicide by jumping from C
height when she was in Primary 3 to 4, but she thought of her mother whom
D D
she loved so dearly, and her suicidal thought fortunately vanished.
E E
24. However, not knowing anyone trustworthy to turn for
F F
assistance, she started to stay away from home to avoid meeting the
G defendant. She often stayed for hours in community centre or public library G
after school and during weekends until the defendant went to work. She
H H
had a home which she considered not safe.
I I
25. Not only did the physical and sexual aggression the defendant
J J
exerted on her left her with intrusive and distressing memories until now,
K it also affected her sexual and psychosocial development. She grew to have K
fear of the opposite sex when she reached adolescence. She did not know
L L
how to relate with male and felt distressed and unsafe if she had to. She
M intentionally chose to study in a girls’ school in order to avoid interaction M
with the male.
N N
O 26. Concerning the reporting to police, X was blamed by her O
father and paternal relatives. They blamed her for creating trouble to the
P P
family and potentially putting the defendant to jail. She was disappointed
Q Q
as to their responses, and she did not know how to relate with her mother
R
and grandmother with such responses. R
S S
27. X’s self-esteem was found to be negatively affected by the
T
incident. She felt shameful and painful to recall what happened. T
U U
V V
- 10 -
A A
B B
28. The clinical psychologist concluded that result of the present
C examination suggested that X was encountering emotional distress arising C
from the incidents and the aftermath. She was blamed by the family
D D
members even though she gathered her strength to disclose to them what
E happened. She learnt that no one would protect her and save her from the E
ordeal. She sadly had to learn to run away from home and fought against
F F
the sexual and physical abuses almost on a daily basis all on her own to
G protect herself. She was deprived of a loving and supporting childhood G
which each child is expected to have. She was left with trauma and abuses.
H H
Her psychosocial development was jeopardised. She was deprived of a
I normal development of sexuality which affected her views on intimacy and I
romantic relationship as she was sexually abused before she could receive
J J
a proper sex education.
K K
29. It was fortunate that she did not commit suicide because of
L L
her thought of her mother, but this loving relationship with her mother and
M grandmother was inevitably affected after the case was reported. The M
blaming from her paternal relatives further imperilled her mental well-
N N
being.
O O
30. It is said by the clinical psychologist that the impact of the
P P
abuse is indeed extensive across different areas of X’s life and
Q Q
development, in the past, the present and likely the future. The intrusive
R
and distressing memories of the past are still affecting X. She also tended R
to adopt avoidant coping due to the emotional stress provoked. It is said
S S
that X needed psychotherapy to help her make sense of what happened and
T
to handle the psychological responses emerging throughout the T
rehabilitation process.
U U
V V
- 11 -
A A
B B
C Y C
D D
31. Y is the elder sister of X. Again, it is said in the report that not
E long after Y moved to Hong Kong with X, the defendant started sexually E
abusing her. He also threatened that if she disclosed to others what
F F
happened, she would become an orphan and no one would support her and
G her sister’s living. She was very scared that she would become homeless if G
she disclosed what happened to others. It appears to Y that the defendant
H H
seemed gratified by annoying and harassing Y as Y reported that even
I though she screamed and cried and begged him to stop doing the indecent I
actions, he would look pleased and continue to do so.
J J
K 32. Y stopped having to endure all of the above only after she was K
removed from home when the incidents were reported to police. She could
L L
only feel safe sleeping in bed, not worrying the defendant would harass her
M anytime when arranged the out-of-home residential care. M
N N
33. Y said that she had tried to tell her grandmother, yet she did
O not believe her and tended to side with the defendant. But later her O
grandmother would talk to the defendant and ask him to stop as the actions
P P
became too frequent as reported by both X and Y.
Q Q
R
34. Presently, Y felt scared having to interact with male, and same R
as X, she chose to study in a girls’ secondary school. Y could not imagine
S S
developing any intimate heterosexual relationship in the future. She felt
T
stressed and unsafe when men were around, such as when she was taking T
the public transport and when she was in crowded area. She felt shameful
U U
V V
- 12 -
A A
B B
as being abused sexually by the defendant and perceived herself as “a dirty
C person”. She believed that if she had to develop an intimate relationship C
later in life, she must tell the other party her past which would drive people
D D
away as she was a victim of incest, which she believed to be dirty and
E others would not accept her. E
F F
35. Her views on her own sexual need and intimacy were
G distorted by these abuses. Her self-esteem was found to be negatively G
affected due to years of aggression she endured. She felt inferior to her
H H
peers in school as she thinks that her peers are psychologically healthy
I without abuse experiences. She perceived herself to be a pessimistic and I
introvert person compared to her peers due to all these adverse experiences.
J J
She believed that if the incidents did not occur, she would have been a more
K cheerful and open person and not in fear of getting close with others or K
establishing a meaningful relationship.
L L
M 36. Facing aggression on a daily basis without any support and M
with no one to talk to, Y often had intrusive thoughts and memories
N N
regarding the incidents. She tried to preoccupy herself with different things
O and avoid thinking about the incidents. But she would involuntarily recall O
the incidents when she came across similar incidents when watching news,
P P
seeing some campaigns relating to sexual abuse or even when sleeping on
Q Q
the bed. She would exhibit dissociative symptoms and reported difficulties
R
concentrating at times. Her studies were believed to be inevitably affected. R
She was repeating Form 4 currently for the second time. She felt lost about
S S
her future due to her academic performance.
T T
U U
V V
- 13 -
A A
B B
37. Y encountered a lot of stress and had to endure a lot of
C blaming from paternal relatives since the disclosure, and some of them C
asked her to withdraw from the legal procedures. She felt that all the
D D
relatives tried to protect the defendant and blamed her for potentially
E putting the defendant in jail, and almost none of them genuinely cared E
about her and her sister.
F F
G 38. Considering all the information gathered, the clinical G
psychologist said that it appeared that suppression and avoidance had been
H H
Y’s strategies in view of the aggression that the defendant exerted on her
I over the years. Y’s self-esteem was found to be negatively affected. I
J J
39. The clinical psychologist concluded that living from the secret
K of sexual abuse and physical aggression for years without anyone K
trustworthy she could locate, affected how Y sees herself and relates to
L L
others. Her psychosocial development was jeopardised. She was deprived
M of a normal development of sexuality, which affected her views on M
intimacy and romantic relationship. She exhibited some dissociative
N N
reactions in order to cope with the overwhelming emotional and physical
O pain, which also affected her studies as her attention was affected. O
P P
40. Y did ask for help from her mother and grandmother but they
Q Q
failed to protect her. Her relationship with her mother and grandmother,
R
the two relatively more supportive figures in her life, was also inevitably R
affected and became ambivalent post-disclosure. She was left alone with
S S
her sister to face all the aftermath despite being the victims of years of
T
abuse. T
U U
V V
- 14 -
A A
B B
41. It is said that the impact of the abuse is indeed extensive across
C different areas of Y’s life and development, in the past, the present and C
likely the future. It is said that Y required psychotherapy to help her make
D D
sense of what happened and to handle the psychological responses
E gradually emerging during the rehabilitation process. E
F F
Discussion
G G
42. Before sentencing, this court has considered all that was
H H
submitted on behalf of the defendant by defence counsel, including the
I authorities, mitigation letters and the medical treatment documents. I
J J
43. This is no doubt one of the very serious case of abuse, physical
K and sexual, by the defendant on two very young girls entrusted in his care K
over a prolonged period of time, which affected the life and development
L L
of these two victims extensively in different areas. They now both require
M psychotherapy in the rehabilitation process. M
N N
44. The defendant has treated them as sex toys, readily available
O for fun and use whenever he felt like it, and physically abused them even O
when they refused. The defendant actually derived joy when he saw these
P P
victims being put in fear, pain and anger.
Q Q
R
1st Charge R
S S
45. On conviction upon indictment of this charge, a person is
T
liable to imprisonment for 10 years. T
U U
V V
- 15 -
A A
B B
46. X was then only aged 8 and the defendant was then aged 65.
C X was subject to grabbing of the neck to the extent that she was lifted off C
the ground and had difficulty in breathing, with the defendant’s fingernails
D D
hurting her neck. This happened when X tried to prevent the defendant
E hurting her sister Y (then aged 10). According to X, the defendant was E
trying to sexually abuse her sister and was angered when X intervened. X
F F
was so overwhelmed and shocked at the time that she closed her eyes and
G dissociated herself, as she said in the victim impact report. It is only lucky G
that the defendant stopped when their neighbour passed by because the flat
H H
then had the door open.
I I
47. Further, the defendant even took the chopper out and pushed
J J
the two girls to toilet, threatening to kill them if they told.
K K
48. One must remember the age of both X and Y at the time, the
L L
tremendous fear instilled in X and Y during the incident, the threat to X’s
M life when she was held and choked by the defendant, and the fact that they M
had no one to turn to or no place to take refuge. They in fact hid in the near
N N
staircase of their flat after the incident. X told of the impact on her by this
O incident in the report. O
P P
49. Immediate imprisonment is the only appropriate sentencing
Q option, even considering the defendant’s clear record. In this case, the court Q
R
considers that the appropriate sentencing starting point is 3 years and 6 R
months’ imprisonment.
S S
T T
U U
V V
- 16 -
A A
B B
50. The defendant has pleaded guilty and that is the only valid
C mitigating factor. He is therefore sentenced to 2 years and 4 months’ C
st
imprisonment for the 1 charge.
D D
E 2nd, 3rd and 5th Charge E
F F
51. A person upon conviction on indictment of this offence is
G liable to imprisonment for 10 years. G
H H
52. In the case of Tsang Chiu Tak, it is said that sexual assaults
I on children were serious offences which warranted deterrent sentence to I
show abhorrence of the public to this kind of crime and to redress the
J J
grievance suffered by the victims and their family.
K K
53. Cheung JA (as he then was) in that case said that when the
L L
court dealt with offences of sexual assaults on a child, the factors that it
M needed to take into consideration included: M
N N
(a) the age difference between the defendant and the
O victim; O
P P
(b) the relationship between the defendant and the victim,
Q Q
including whether the defendant had taken advantage
R
of his position or status to commit the offence and R
whether there was a breach of trust in the case;
S S
T
(c) whether the defendant had used threats or inducement T
to make the victim succumb;
U U
V V
- 17 -
A A
B B
C (d) the number of occasions of committing the offences C
and the duration of the offences;
D D
E (e) whether inappropriate and unnecessary violence was E
used by the defendant to cause harm or discomfort to
F F
the victim;
G G
(f) whether any safety measures were taken by the
H H
defendant in sexually abusing the victim in order to
I avoid transmitting any venereal disease to the victim or I
getting her pregnant;
J J
K (g) whether the sexual abuses have caused physical or K
psychological trauma to the victim;
L L
M (h) whether the offences have impact on the family M
members of the victim;
N N
O (i) whether the defendant was involved in other O
inappropriate behaviour such as inviting other people
P P
to watch or take photos or videos of the offence he
Q Q
committed; and
R R
(j) whether the defendant is psychologically imbalanced
S S
and paedophilic and the likelihood of re-offending.”
T T
U U
V V
- 18 -
A A
B B
54. In the present case:
C C
(a) The age disparity between the defendant and X is 51
D D
years, and that between the defendant and Y is 49 years.
E E
(b) There is clearly breach of trust as these victims were
F F
placed in the care of the defendant and his wife whilst
G their parents continued to reside in the mainland. G
H H
(c) The defendant has used threats and violence on the
I victims. According to Y, the defendant told her not to I
report the incidents or else she would become an orphan
J J
and become homeless with no one to look after her and
K her sister. According to the facts of the 1st charge, he K
had used chopper to threaten them not to tell anyone of
L L
the incident.
M M
(d) The sexual assaults on X and Y lasted for a number of
N N
years which, according to the victim impact report,
O affected the lives and development of the two victims O
extensively in all areas.
P P
Q Q
(e) According to the facts of the 3rd charge, the defendant
R
did grasp X’s wrists after pushing her to the bed. R
S S
(f) The defendant did not stop offending despite being told
T
by his wife and his son. T
U U
V V
- 19 -
A A
B B
55. There are two very young victims involved in this case, and
C they were both very seriously affected. One even had the suicidal thoughts. C
This court notes in particular when the defendant committed the offences
D D
such as the 2nd charge, the defendant had deprived Y of her dignity and
E privacy even when she was just taking a bath. He committed the offence E
when he felt like it. Even though Y locked the door, he prised the same
F F
open with a screwdriver. This is an outrageous act on a small child,
G especially when the defendant knew exactly that the child had no one to G
turn to and no other place she can stay in Hong Kong. He clearly knew how
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Y would be scared as she screamed and covered herself and knelt down.
I I
56. Considering the above, for the 2nd charge, the court adopts 18
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months’ imprisonment as the sentencing starting point. The same is
K reduced to 12 months’ imprisonment by reason of the defendant’s guilty K
plea.
L L
M 57. For the 3rd charge, this is the most serious of all charges. The M
defendant had not used his penis to penetrate the vagina which made the
N N
offence short of rape. After removing all the clothes of X and inserted his
O fingers into her vagina for some time, the defendant then carried X to O
another bed in the more interior part of the housing unit and he tried to lick
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her breast. It is lucky that X then managed to escape to prevent the incident
Q Q
escalating.
R R
58. It is also noted that when committing the offence, the
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defendant smiled when the victim X, then aged about 10, was in fear and
T
pain, and he even made comments during the process. The whole incident T
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V V
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A A
B B
lasted for about 15 minutes, and up till this day, X was still traumatised by
C the incident. C
D D
59. This court considers that 4 years and 6 months’ imprisonment
E as an appropriate sentencing starting point for the 3rd charge. The same is E
discounted to 36 months’ imprisonment by reason of the defendant’s guilty
F F
plea.
G G
60. For the 5th charge, X was aged about 15 and the defendant was
H H
aged 72 then. The sentencing starting point for this offence is 21 months’
I imprisonment. The defendant is sentenced to 14 months’ imprisonment by I
reason of his guilty plea.
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K 7th Charge K
L L
61. On conviction upon indictment, a person is liable to
M imprisonment for 3 years for this charge. M
N N
62. The defendant used his fist whilst holding chopsticks in the
O other hand when assaulting Y. As a result, Y suffered bleeding on the right O
index finger and bruising over her left forearm and both knees. Y was aged
P P
17 and the defendant was aged 72 then.
Q Q
R
63. The sentencing starting point for this charge is 9 months’ R
imprisonment. The defendant is therefore sentenced to 6 months’
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imprisonment by reason of his guilty plea.
T T
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A A
B B
Totality
C C
64. As said earlier, the court considers that instead of giving the
D D
victims a loving home, the defendant, the paternal grandfather of these two
E very young children, has turned the flat into a horror house for them. E
According to the impact report, they were unable to sleep tight in the flat
F F
because they were in fear of being assaulted at any time. They felt safe only
G when they were relocated. And over the years, they were only able to stay G
away from home, either going to the public libraries and community
H H
centres, or hiding in the near staircase after incidents of assault.
I I
65. Considering the circumstances of the case and the overall
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culpability of the defendant, the court finds that 4 years and 7 months’
K imprisonment after plea is a just and proportionate sentence, even K
considering his age.
L L
M 66. Accordingly, sentence for the 7th charge is to run totally M
concurrent to the sentence for the 1st charge. 15 months’ imprisonment of
N N
st th
the sentence for the 1 and 7 charge is to run consecutive to the sentence
O for the 3rd charge. 2 months’ imprisonment each for the sentence for the 2nd O
and 5th charge is to run consecutive to the sentence for the 3rd charge, the
P P
rest to run concurrently.
Q Q
R
67. This court praises X and Y for their courage in bringing these R
incidents to light. They must know that they have done the right thing and
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that they should not feel guilty for what happened to their paternal
T
grandfather. This court urges the Social Welfare Department and the T
Housing Authority to do all that they can to assist these two victims in their
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A A
B B
rehabilitation process, including but not limited to giving them assistance
C financially and in respect of the housing placement. C
D D
68. The court also advises the family members to adopt the same
E attitude towards X and Y and be supportive to them in their rehabilitation. E
They are the victims and should not bear the blame and the betrayal. The
F F
family members who know the incidents, especially the parents, should
G have done much more to prevent the reoccurrence of these incidents when G
the girls reported the incidents. They have clearly failed their duty as
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parents and relatives, and they should now amend their wrongs.
I I
J J
K K
( K Lo )
L L
Deputy District Judge
M M
N N
O O
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S S
T T
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