A A
B B
DCCC 785/2024
C [2025] HKDC 207 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 785 OF 2024
F F
G ---------------------------- G
HKSAR
H H
v
I NG HOW YEE I
(also known as NG HAU YI AND NG HAU YEE)
J ---------------------------- J
K K
Before: His Honour Judge Tam in Court
L Date: 5 February 2025 L
Present: Mr Li Kwok Wai, Counsel on fiat, for HKSAR
M M
Mr Kwong Wai Chuen Paul of Paul Kwong & Co, for the
N defendant N
Offence: Wounding with intent (有意圖而傷人)
O O
P P
---------------------------------------
Q Q
REASONS FOR SENTENCE
R --------------------------------------- R
S S
T T
U U
V V
-2-
A A
B B
1. Mr Ng pleaded guilty before me to one charge of Wounding
C with intent, contrary to section 17(a) of the Offences against the Person C
Ordinance, Cap 212. Particulars are that he, on 14 February 2024, at the
D D
staircase, 1st Floor, Kar Wong Building, Nos 639-645 Shanghai Street,
E Mong Kok, Kowloon, in Hong Kong, unlawfully and maliciously wounded E
Tse Chi Fung with intent to do him grievous bodily harm.
F F
G Facts admitted by Mr Ng G
H H
2. Mr Ng and Ms Zeng (PW2) were lovers and they cohabited in
I Room D, 3/F of Kar Wong Building (“the Flat”) before they became I
separated in July 2023. Mr Ng continued to keep the key to the Flat.
J J
K 3. Mr Tse (PW1) became acquainted with PW2 in early K
February 2024 at a bar (“the Bar”) where she was working. On 13 February
L L
2024, before midnight, PW1 and friends visited the Bar.
M M
4. At about 4 am on the next day, PW1 went back with PW2 to
N N
the Flat and they stayed the “night” in her bedroom.
O O
5. At about 7 am, PW1 exited PW2’s bedroom and found Mr Ng
P P
in the living room. Mr Ng scolded PW1 and punched PW1 in the lower
Q lip. Q
R R
6. PW1 fled. Mr Ng gave chase. When PW1 reached the 1/F
S staircase of the building, he was slit by Mr Ng in the back of his neck with S
a 31 cm chopper (inclusive of an 18 cm blade). PW1 reported the case to
T T
the police.
U U
V V
-3-
A A
B B
C 7. PW1 was admitted to hospital. He was found to have suffered C
mild bruising and swelling at the lower lip and to have a 2.5 cm laceration
D D
wound at his neck.
E E
8. Mr Ng was intercepted by the police at the scene. He directed
F F
the police to recover the chopper. He told the police that he originally took
G the knife from the Flat’s kitchen. G
H H
9. Police arrested Mr Ng. Under caution, Mr Ng admitted he hit
I the back of PW1’s neck with the chopper. I
J J
10. During a cautioned VRI conducted in the afternoon, Mr Ng
K said: K
L L
(a) He became acquainted with PW2 in a nightclub in 2021
M and they became lovers and cohabited in the Flat; he M
possessed the key to the Flat;
N N
O (b) He witnessed PW1 and PW2 exited the bedroom O
together; and
P P
Q (c) He knew how the utensils were organized in the kitchen Q
of the Flat.
R R
S Criminal record S
T T
11. Mr Ng has 11 previous convictions the last of which was
U U
V V
-4-
A A
B B
recorded in 1985 with none similar.
C C
Antecedents
D D
E 12. Mr Ng is aged 69 (68 at the time of the offence), educated to E
primary school level. He works as a taxi-driver and lives on his earnings.
F F
He lives alone in Tsuen Wan.
G G
Mitigation
H H
I 13. Mr Paul Kwong of solicitor advocate mitigated on behalf of I
Mr Ng. The following is a summary of the mitigation submissions.
J J
K 14. Mr Ng was born in Hong Kong and is married with one K
grown-up son. His wife has emigrated to the US a long time ago and so
L L
the couple have been living apart for some 25 years. His son has also
M settled in the US. M
N N
15. Mr Ng used to be a chef in a canteen which closed in 1999.
O Since 2001, Mr Ng has been a full-time taxi driver earning a monthly O
income of about $30,000.
P P
Q 16. On the day of the offence, Mr Ng on returning to the premises Q
found a stranger PW1 exited from PW2’s bedroom with only his
R R
underwear on. It was a devastating blow to Mr Ng.
S S
T T
U U
V V
-5-
A A
B B
17. The initial reactionary assault on PW1 did not involve any
C weapon: it remained a verbal quarrel and a punch with Mr Ng’s fist causing C
PW1 to bleed.
D D
E 18. It was submitted that although the blade was lengthy, only a E
2.4 cm laceration wound was caused to the neck of PW1. It was submitted
F F
that Mr Ng did not use the major part of the blade to cause a deep cut wound
G to PW1. It was submitted that Mr Ng had exercised considerable restraint G
not to have caused any deep cut wound. There was no blood on the floor
H H
nor on PW1’s clothes.
I I
19. It was submitted that this was a crime of passion: there was
J J
no premeditation or planning.
K K
20. Mr Kwong asks the court to obtain a community service
L L
suitability report before sentencing.
M M
21. Mr Ng is willing to pay compensation to PW1 in the agreed
N N
amount of $20,000 and has in fact done so voluntarily in the open view of
O the court. The mechanism by which this is achieved is by way of a O
solicitor’s cheque made payable to the victim PW1 through the
P P
intermediary of the police who undertakes to deliver the cheque to PW1
Q within 14 days. Q
R R
22. Mr Ng is on bail. One of the conditions is to report daily to
S the Mong Kok Police Station. This has caused substantial stress and S
financial loss to him.
T T
U U
V V
-6-
A A
B B
23. Mr Ng does not have a clear record but his last conviction was
C about 40 years ago. C
D D
24. Mr Ng pleaded guilty in good time and is entitled to the full
E one-third sentencing discount. E
F F
25. The court is urged to pass a lenient sentence on Mr Ng and it
G was submitted that a community service order would do justice in this case. G
H H
26. Upon seeing a photograph of the victim’s back neck taken in
I July 2024, Mr Kwong submitted that the victim has fully recovered. I
J J
27. Upon enquiry by the court, Mr Kwong submitted that Mr Ng
K chased after the victim whilst being armed with a knife in order to teach K
him a lesson.
L L
M Sentence M
N N
28. Mr Ng is an old man but not very old. Although his last
O conviction dated back some 40 years ago, the number of his previous O
convictions and the seriousness of some of the offences were quite
P P
substantial. For these reasons, I cannot treat Mr Ng as a person of previous
Q good character. Q
R R
29. Wounding with intent is a very serious offence carrying with
S it a maximum penalty of life imprisonment. S
T T
U U
V V
-7-
A A
B B
30. I have seen the pile of 20 photographs (kept in court file)
C showing the crime scene, the weapon, and the position of the injury both C
before and after recovery. The weapon was a standard chopper of the type
D D
usually found in domestic kitchens. The position of the injury (an almost
E horizontal laceration) was right at the back of the neck. E
F F
31. The usual sentence after trial for this offence is 3 to 12 years’
G imprisonment: HKSAR v Chan Chun Tat [2013] 6 HKC 225. G
H H
32. The Court of Appeal in paras 49-50 of Chan Chun Tat gave
I helpful guidance to a sentencing court when dealing with this sort of case: I
J J
“49. … many of the factors to which a court will have regard in
determining the gravity of a s 17 offence and the culpability of
K the offender will relate to the type of harm intended to be K
inflicted, the means by which that harm was inflicted and the
circumstances generally surrounding the assault. Thus, without
L L
attempting to exhaustively identi[f]y all the relevant factors, the
usual ones will be the extent to which the assault was
M premeditated, the reasons or motivation underlying the assault M
upon the victim, the mental or emotional state of the assailant at
the time of the assault, whether alcohol or drugs contributed to
N the actions of the assailant, whether the assault was committed N
by the assailant alone or as a part of a group, the type of weapons
O employed, the level of force or aggression and the persistence O
with which the assault was pressed home, the injuries caused to
the victim and the effect of the assault upon the victim and those
P close to him or her. P
Q
50. In arriving at an appropriate sentence the court will have Q
regard not just to the need to punish the offender for his conduct,
but also to the sentencing principles of deterrence, both general
R and individual, and, in appropriate cases, the need to denounce R
the resort to violence. Of course deterrence and denunciation
are always important when there is resort to violence but there
S S
may be particular situations that call for greater deterrence, such
as in triad gang or contract attacks, or more denunciatory
T sentences, such as in domestic violence cases.” T
U U
V V
-8-
A A
B B
33. Because of the seriousness of the offence, the sentencing
C option suggested by Mr Kwong of a community service order is not a C
realistic one in most cases and will only be imposed where the most
D D
exceptional circumstances exist.
E E
34. With respect, the circumstances garnered by Mr Kwong do
F F
not come near to steering me away from passing a prison sentence, which
G is the normal sentence for such an offence, on Mr Ng. In this respect, I G
note Mr Ng and PW2 were no longer in a relationship at the time of the
H H
offence.
I I
35. That said, I note that the injury was in the event not too severe;
J J
that there was no premeditation or pre-planning; and that the offence was
K a result of emotional outbursts followed by verbal and physical skirmishes. K
However, I would have thought that the episode could have ended without
L L
the use of any weapons as the victim did not have any weapon himself and
M was already on a flight away from the premises. M
N N
36. For the use of a sharp weapon against somebody at his back
O who was already fleeing from an earlier skirmish, Mr Ng has to pay a heavy O
price. I note the knife landed on the victim’s neck area. This could have
P P
been because Mr Ng was on an elevated platform as both were running
Q down the staircase with Mr Ng chasing from behind. However, this could Q
not assist Mr Ng because he knew generally which area of the body he was
R R
aiming at when he wielded the knife. The victim was simply lucky not to
S have suffered a more severe injury given the position where the knife S
landed.
T T
U U
V V
-9-
A A
B B
37. All things considered, in Mr Ng’s case, I adopt an initial
C starting point of 2 years and 10 months’ imprisonment. Because of Mr C
Ng’s senior age, as an act of mercy, I take off one month. That reduces the
D D
starting point to 2 years and 9 months’ imprisonment.
E E
38. Mr Ng pleaded guilty in good time so he shall be given the
F F
customary 1/3 sentencing discount. For his voluntary act of compensating
G the victim, I will deduct one additional month from the sentence after the G
1/3 discount. There are no other mitigating factors of weight to justify
H H
another sentence reduction.
I I
(Mr Ng, please stand)
J J
K 39. The sentence is 21 months’ imprisonment. K
L L
M M
( Isaac Tam )
N N
District Judge
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 785/2024
C [2025] HKDC 207 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 785 OF 2024
F F
G ---------------------------- G
HKSAR
H H
v
I NG HOW YEE I
(also known as NG HAU YI AND NG HAU YEE)
J ---------------------------- J
K K
Before: His Honour Judge Tam in Court
L Date: 5 February 2025 L
Present: Mr Li Kwok Wai, Counsel on fiat, for HKSAR
M M
Mr Kwong Wai Chuen Paul of Paul Kwong & Co, for the
N defendant N
Offence: Wounding with intent (有意圖而傷人)
O O
P P
---------------------------------------
Q Q
REASONS FOR SENTENCE
R --------------------------------------- R
S S
T T
U U
V V
-2-
A A
B B
1. Mr Ng pleaded guilty before me to one charge of Wounding
C with intent, contrary to section 17(a) of the Offences against the Person C
Ordinance, Cap 212. Particulars are that he, on 14 February 2024, at the
D D
staircase, 1st Floor, Kar Wong Building, Nos 639-645 Shanghai Street,
E Mong Kok, Kowloon, in Hong Kong, unlawfully and maliciously wounded E
Tse Chi Fung with intent to do him grievous bodily harm.
F F
G Facts admitted by Mr Ng G
H H
2. Mr Ng and Ms Zeng (PW2) were lovers and they cohabited in
I Room D, 3/F of Kar Wong Building (“the Flat”) before they became I
separated in July 2023. Mr Ng continued to keep the key to the Flat.
J J
K 3. Mr Tse (PW1) became acquainted with PW2 in early K
February 2024 at a bar (“the Bar”) where she was working. On 13 February
L L
2024, before midnight, PW1 and friends visited the Bar.
M M
4. At about 4 am on the next day, PW1 went back with PW2 to
N N
the Flat and they stayed the “night” in her bedroom.
O O
5. At about 7 am, PW1 exited PW2’s bedroom and found Mr Ng
P P
in the living room. Mr Ng scolded PW1 and punched PW1 in the lower
Q lip. Q
R R
6. PW1 fled. Mr Ng gave chase. When PW1 reached the 1/F
S staircase of the building, he was slit by Mr Ng in the back of his neck with S
a 31 cm chopper (inclusive of an 18 cm blade). PW1 reported the case to
T T
the police.
U U
V V
-3-
A A
B B
C 7. PW1 was admitted to hospital. He was found to have suffered C
mild bruising and swelling at the lower lip and to have a 2.5 cm laceration
D D
wound at his neck.
E E
8. Mr Ng was intercepted by the police at the scene. He directed
F F
the police to recover the chopper. He told the police that he originally took
G the knife from the Flat’s kitchen. G
H H
9. Police arrested Mr Ng. Under caution, Mr Ng admitted he hit
I the back of PW1’s neck with the chopper. I
J J
10. During a cautioned VRI conducted in the afternoon, Mr Ng
K said: K
L L
(a) He became acquainted with PW2 in a nightclub in 2021
M and they became lovers and cohabited in the Flat; he M
possessed the key to the Flat;
N N
O (b) He witnessed PW1 and PW2 exited the bedroom O
together; and
P P
Q (c) He knew how the utensils were organized in the kitchen Q
of the Flat.
R R
S Criminal record S
T T
11. Mr Ng has 11 previous convictions the last of which was
U U
V V
-4-
A A
B B
recorded in 1985 with none similar.
C C
Antecedents
D D
E 12. Mr Ng is aged 69 (68 at the time of the offence), educated to E
primary school level. He works as a taxi-driver and lives on his earnings.
F F
He lives alone in Tsuen Wan.
G G
Mitigation
H H
I 13. Mr Paul Kwong of solicitor advocate mitigated on behalf of I
Mr Ng. The following is a summary of the mitigation submissions.
J J
K 14. Mr Ng was born in Hong Kong and is married with one K
grown-up son. His wife has emigrated to the US a long time ago and so
L L
the couple have been living apart for some 25 years. His son has also
M settled in the US. M
N N
15. Mr Ng used to be a chef in a canteen which closed in 1999.
O Since 2001, Mr Ng has been a full-time taxi driver earning a monthly O
income of about $30,000.
P P
Q 16. On the day of the offence, Mr Ng on returning to the premises Q
found a stranger PW1 exited from PW2’s bedroom with only his
R R
underwear on. It was a devastating blow to Mr Ng.
S S
T T
U U
V V
-5-
A A
B B
17. The initial reactionary assault on PW1 did not involve any
C weapon: it remained a verbal quarrel and a punch with Mr Ng’s fist causing C
PW1 to bleed.
D D
E 18. It was submitted that although the blade was lengthy, only a E
2.4 cm laceration wound was caused to the neck of PW1. It was submitted
F F
that Mr Ng did not use the major part of the blade to cause a deep cut wound
G to PW1. It was submitted that Mr Ng had exercised considerable restraint G
not to have caused any deep cut wound. There was no blood on the floor
H H
nor on PW1’s clothes.
I I
19. It was submitted that this was a crime of passion: there was
J J
no premeditation or planning.
K K
20. Mr Kwong asks the court to obtain a community service
L L
suitability report before sentencing.
M M
21. Mr Ng is willing to pay compensation to PW1 in the agreed
N N
amount of $20,000 and has in fact done so voluntarily in the open view of
O the court. The mechanism by which this is achieved is by way of a O
solicitor’s cheque made payable to the victim PW1 through the
P P
intermediary of the police who undertakes to deliver the cheque to PW1
Q within 14 days. Q
R R
22. Mr Ng is on bail. One of the conditions is to report daily to
S the Mong Kok Police Station. This has caused substantial stress and S
financial loss to him.
T T
U U
V V
-6-
A A
B B
23. Mr Ng does not have a clear record but his last conviction was
C about 40 years ago. C
D D
24. Mr Ng pleaded guilty in good time and is entitled to the full
E one-third sentencing discount. E
F F
25. The court is urged to pass a lenient sentence on Mr Ng and it
G was submitted that a community service order would do justice in this case. G
H H
26. Upon seeing a photograph of the victim’s back neck taken in
I July 2024, Mr Kwong submitted that the victim has fully recovered. I
J J
27. Upon enquiry by the court, Mr Kwong submitted that Mr Ng
K chased after the victim whilst being armed with a knife in order to teach K
him a lesson.
L L
M Sentence M
N N
28. Mr Ng is an old man but not very old. Although his last
O conviction dated back some 40 years ago, the number of his previous O
convictions and the seriousness of some of the offences were quite
P P
substantial. For these reasons, I cannot treat Mr Ng as a person of previous
Q good character. Q
R R
29. Wounding with intent is a very serious offence carrying with
S it a maximum penalty of life imprisonment. S
T T
U U
V V
-7-
A A
B B
30. I have seen the pile of 20 photographs (kept in court file)
C showing the crime scene, the weapon, and the position of the injury both C
before and after recovery. The weapon was a standard chopper of the type
D D
usually found in domestic kitchens. The position of the injury (an almost
E horizontal laceration) was right at the back of the neck. E
F F
31. The usual sentence after trial for this offence is 3 to 12 years’
G imprisonment: HKSAR v Chan Chun Tat [2013] 6 HKC 225. G
H H
32. The Court of Appeal in paras 49-50 of Chan Chun Tat gave
I helpful guidance to a sentencing court when dealing with this sort of case: I
J J
“49. … many of the factors to which a court will have regard in
determining the gravity of a s 17 offence and the culpability of
K the offender will relate to the type of harm intended to be K
inflicted, the means by which that harm was inflicted and the
circumstances generally surrounding the assault. Thus, without
L L
attempting to exhaustively identi[f]y all the relevant factors, the
usual ones will be the extent to which the assault was
M premeditated, the reasons or motivation underlying the assault M
upon the victim, the mental or emotional state of the assailant at
the time of the assault, whether alcohol or drugs contributed to
N the actions of the assailant, whether the assault was committed N
by the assailant alone or as a part of a group, the type of weapons
O employed, the level of force or aggression and the persistence O
with which the assault was pressed home, the injuries caused to
the victim and the effect of the assault upon the victim and those
P close to him or her. P
Q
50. In arriving at an appropriate sentence the court will have Q
regard not just to the need to punish the offender for his conduct,
but also to the sentencing principles of deterrence, both general
R and individual, and, in appropriate cases, the need to denounce R
the resort to violence. Of course deterrence and denunciation
are always important when there is resort to violence but there
S S
may be particular situations that call for greater deterrence, such
as in triad gang or contract attacks, or more denunciatory
T sentences, such as in domestic violence cases.” T
U U
V V
-8-
A A
B B
33. Because of the seriousness of the offence, the sentencing
C option suggested by Mr Kwong of a community service order is not a C
realistic one in most cases and will only be imposed where the most
D D
exceptional circumstances exist.
E E
34. With respect, the circumstances garnered by Mr Kwong do
F F
not come near to steering me away from passing a prison sentence, which
G is the normal sentence for such an offence, on Mr Ng. In this respect, I G
note Mr Ng and PW2 were no longer in a relationship at the time of the
H H
offence.
I I
35. That said, I note that the injury was in the event not too severe;
J J
that there was no premeditation or pre-planning; and that the offence was
K a result of emotional outbursts followed by verbal and physical skirmishes. K
However, I would have thought that the episode could have ended without
L L
the use of any weapons as the victim did not have any weapon himself and
M was already on a flight away from the premises. M
N N
36. For the use of a sharp weapon against somebody at his back
O who was already fleeing from an earlier skirmish, Mr Ng has to pay a heavy O
price. I note the knife landed on the victim’s neck area. This could have
P P
been because Mr Ng was on an elevated platform as both were running
Q down the staircase with Mr Ng chasing from behind. However, this could Q
not assist Mr Ng because he knew generally which area of the body he was
R R
aiming at when he wielded the knife. The victim was simply lucky not to
S have suffered a more severe injury given the position where the knife S
landed.
T T
U U
V V
-9-
A A
B B
37. All things considered, in Mr Ng’s case, I adopt an initial
C starting point of 2 years and 10 months’ imprisonment. Because of Mr C
Ng’s senior age, as an act of mercy, I take off one month. That reduces the
D D
starting point to 2 years and 9 months’ imprisonment.
E E
38. Mr Ng pleaded guilty in good time so he shall be given the
F F
customary 1/3 sentencing discount. For his voluntary act of compensating
G the victim, I will deduct one additional month from the sentence after the G
1/3 discount. There are no other mitigating factors of weight to justify
H H
another sentence reduction.
I I
(Mr Ng, please stand)
J J
K 39. The sentence is 21 months’ imprisonment. K
L L
M M
( Isaac Tam )
N N
District Judge
O O
P P
Q Q
R R
S S
T T
U U
V V