DCCC722/2023 HKSAR v. SALEH AHMED FAROUK HASSANIN MEKKY - LawHero
DCCC722/2023
HKSAR v. SALEH AHMED FAROUK HASSANIN MEKKY
區域法院（刑事）Deputy District Judge Jason Wan6/5/2025[2025] HKDC 778
DCCC722/2023
A A
B B
DCCC 722/2023
C [2025] HKDC 778 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 722 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I SALEH AHMED FAROUK HASSANIN MEKKY I
----------------------------
J J
K Before: Deputy District Judge Jason Wan in Court K
Date: 7 May 2025
L L
Present: Ms Chung Wing Sze Natalie, Public Prosecutor, for HKSAR
M Mr Edward L McGuinniety, instructed by Chaudhry M
Solicitors, for the defendant
N N
Offence: [1] – [4] Criminal damage (刑事損壞)
O O
[7] Resisting a police officer in the due execution of his duty
P
(抗拒在正當執行職務的警務人員) P
Q Q
---------------------------------------
R REASONS FOR SENTENCE R
---------------------------------------
S S
T T
U U
V V
-2-
A A
B B
1. The defendant is charged with four counts of Criminal
C Damage1 (Charges 1 to 4), one count of Attempted Burglary2 (Charge 5), C
3
one count of Going Equipped for Stealing (Charge 6), and one count of
D D
Resisting a Police Officer in the Due Execution of His Duty 4 (Charge 7).
E After trial, he was convicted of Charges 1 to 4 and 7 and acquitted of E
Charges 5 and 6.
F F
G Summary of Facts G
H H
2. The full summary of facts concerning Charges 1 to 4 and 7
I can be found in the Reasons for Verdict. In gist, the court found that in the I
small hours of the dates of Charges 1 to 4, the defendant drove his private
J J
vehicle to four different temples or village office and used some objects to
K damage the god statues which belonged to the temples or the village office. K
The costs of repairing the statues ranged from HK$800 to HK$4,000.
L L
M 3. Subsequently, when the Police officers arrested the defendant M
for Charges 5 and 6, the defendant returned to his private vehicle and
N N
refused to come out. In the end, the officers had to pull him out of the
O vehicle with force. The defendant then put up a fierce struggle and one of O
the officers was injured on his finger during the arrest.
P P
Q Mitigation Q
R R
4. The defendant is 41 years old and is a person of clear record.
S S
1
Contrary to sections 60(1) and 63(2) of the Crimes Ordinance, Cap 200, Laws of Hong Kong
2
Contrary to section 11(1)(a) and 2(c) and (4) of the Theft Ordinance, Cap 210 and section 159G of the
T T
Crimes Ordinance, Cap 200
3
Contrary to section 27(1) of the Theft Ordinance, Cap 210
4
Contrary to section 36(b) of the Offences against the Person Ordinance, Cap 212
U U
V V
-3-
A A
B B
He was born and raised in Egypt and received education in Egypt up to
C university level. He came to Hong Kong in 2015 to do business but the C
business closed down in 2023. He is married with a 9-year-old son but the
D D
couple have separated since 2023. The defendant started to work as a
E construction site worker after the business closed but he is currently E
unemployed.
F F
G 5. Defence submitted that at the material times the defendant G
was going through marriage difficulty and as a result he was having
H H
emotional problem. Defence also informed the court that after the
I defendant was brought to the magistrates’ court he had been remanded in I
Siu Lam Psychiatric Centre for about 6 months.
J J
K 6. In mitigation, Defence asked the court to take into account of K
the fact that the defendant is a first offender and at the material times he
L L
was troubled by his mental condition and marriage difficulty. Defence also
M submitted that the defendant is willing to make full compensation to the M
victims of Charges 1 to 4. All in all, Defence urged the court to take a
N N
lenient view on the defendant and impose a lenient sentence.
O O
Sentencing Consideration
P P
Q 7. As there was concern about the mental condition of the Q
defendant, two psychiatric reports were called for. In essence, the two
R R
psychiatrists confirmed that the defendant has a history of psychosis.
S However, they are of the view that the mental condition of the defendant S
is currently stable and no active psychotic symptoms were elicited. They
T T
were of the same opinion that in-patient psychiatric treatment is not
U U
V V
-4-
A A
B B
necessary for the defendant at this stage but outpatient follow up is
C recommended. In other words, hospital order is not recommended. C
D D
8. Concerning the charge of criminal damage, there is no
E sentencing guidelines as each case turns on its own facts that could be very E
different. In the present case, the defendant damaged the properties of four
F F
different organizations within a period of 3 months. The motives were
G unknown and there was probably none. Separately considered, Charges 1 G
to 4 are not particularly serious. If the court is dealing with a single
H H
incident, non-custodial sentence might be an option for a defendant of clear
I record who pleaded guilty. However, in the present case the defendant I
committed the offences repeatedly within a short period of time and no
J J
remorse has been shown throughout the proceedings, the court is of the
K view that immediate custodial sentence is called for in these circumstances. K
L L
9. Considered all the circumstances of the case, the personal
M background of the defendant, mitigation put forward and in particular of M
the fact that it is the defendant’s first convictions, I take 4 months’
N N
imprisonment as the starting point for each of Charges 1 to 4. As the
O defendant is willing to make full compensation to the victims, I give him 1 O
month discount for each charge. The defendant was convicted after trial
P P
so there is no further discount. As a result, the defendant is sentencing to
Q 3 months’ imprisonment for each of Charges 1 to 4. Q
R R
10. Concerning Charge 7, the defendant put up a fierce struggle
S when the Police officers were arresting him and as a result an officer S
suffered minor injury. Such behavior must be deterred and custodial
T T
sentence is necessary to protect Police officers for carrying out their duties.
U U
V V
-5-
A A
B B
Considered all the circumstances including the fact that the injury of the
C officer was indeed minor, I adopt 3 weeks’ imprisonment as the starting C
point for Charge 7. Again, the defendant was convicted after trial so there
D D
is no sentencing discount. For Charge 7, the defendant is therefore
E sentenced to 3 weeks’ imprisonment. E
F F
11. Lastly, the court has to consider the totality principle.
G Considered all the circumstances, I order that 1 month’s imprisonment of G
each of Charges 2 to 4 and 2 weeks’ imprisonment of Charge 7 to be served
H H
consecutively with other sentences. The rest of the sentences are served
I concurrently. As a result, the total sentence is 6 months and 2 weeks’ I
imprisonment.
J J
K 12. Concerning compensation, I order the defendant to make K
compensation as follows:
L L
M (i) to pay $800 to victim of Charge 1; M
N (ii) to pay $1,500 to victim of Charge 2; N
O
(iii) to pay $3,500 to victim of Charge 3; and O
(iv) to pay $4,000 to victim of Charge 4.
P P
Q All the above sums to be taken from the bail money of the Q
defendant.
R R
S S
T T
( Jason Wan )
Deputy District Judge
U U
V V
A A
B B
DCCC 722/2023
C [2025] HKDC 778 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 722 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I SALEH AHMED FAROUK HASSANIN MEKKY I
----------------------------
J J
K Before: Deputy District Judge Jason Wan in Court K
Date: 7 May 2025
L L
Present: Ms Chung Wing Sze Natalie, Public Prosecutor, for HKSAR
M Mr Edward L McGuinniety, instructed by Chaudhry M
Solicitors, for the defendant
N N
Offence: [1] – [4] Criminal damage (刑事損壞)
O O
[7] Resisting a police officer in the due execution of his duty
P
(抗拒在正當執行職務的警務人員) P
Q Q
---------------------------------------
R REASONS FOR SENTENCE R
---------------------------------------
S S
T T
U U
V V
-2-
A A
B B
1. The defendant is charged with four counts of Criminal
C Damage1 (Charges 1 to 4), one count of Attempted Burglary2 (Charge 5), C
3
one count of Going Equipped for Stealing (Charge 6), and one count of
D D
Resisting a Police Officer in the Due Execution of His Duty 4 (Charge 7).
E After trial, he was convicted of Charges 1 to 4 and 7 and acquitted of E
Charges 5 and 6.
F F
G Summary of Facts G
H H
2. The full summary of facts concerning Charges 1 to 4 and 7
I can be found in the Reasons for Verdict. In gist, the court found that in the I
small hours of the dates of Charges 1 to 4, the defendant drove his private
J J
vehicle to four different temples or village office and used some objects to
K damage the god statues which belonged to the temples or the village office. K
The costs of repairing the statues ranged from HK$800 to HK$4,000.
L L
M 3. Subsequently, when the Police officers arrested the defendant M
for Charges 5 and 6, the defendant returned to his private vehicle and
N N
refused to come out. In the end, the officers had to pull him out of the
O vehicle with force. The defendant then put up a fierce struggle and one of O
the officers was injured on his finger during the arrest.
P P
Q Mitigation Q
R R
4. The defendant is 41 years old and is a person of clear record.
S S
1
Contrary to sections 60(1) and 63(2) of the Crimes Ordinance, Cap 200, Laws of Hong Kong
2
Contrary to section 11(1)(a) and 2(c) and (4) of the Theft Ordinance, Cap 210 and section 159G of the
T T
Crimes Ordinance, Cap 200
3
Contrary to section 27(1) of the Theft Ordinance, Cap 210
4
Contrary to section 36(b) of the Offences against the Person Ordinance, Cap 212
U U
V V
-3-
A A
B B
He was born and raised in Egypt and received education in Egypt up to
C university level. He came to Hong Kong in 2015 to do business but the C
business closed down in 2023. He is married with a 9-year-old son but the
D D
couple have separated since 2023. The defendant started to work as a
E construction site worker after the business closed but he is currently E
unemployed.
F F
G 5. Defence submitted that at the material times the defendant G
was going through marriage difficulty and as a result he was having
H H
emotional problem. Defence also informed the court that after the
I defendant was brought to the magistrates’ court he had been remanded in I
Siu Lam Psychiatric Centre for about 6 months.
J J
K 6. In mitigation, Defence asked the court to take into account of K
the fact that the defendant is a first offender and at the material times he
L L
was troubled by his mental condition and marriage difficulty. Defence also
M submitted that the defendant is willing to make full compensation to the M
victims of Charges 1 to 4. All in all, Defence urged the court to take a
N N
lenient view on the defendant and impose a lenient sentence.
O O
Sentencing Consideration
P P
Q 7. As there was concern about the mental condition of the Q
defendant, two psychiatric reports were called for. In essence, the two
R R
psychiatrists confirmed that the defendant has a history of psychosis.
S However, they are of the view that the mental condition of the defendant S
is currently stable and no active psychotic symptoms were elicited. They
T T
were of the same opinion that in-patient psychiatric treatment is not
U U
V V
-4-
A A
B B
necessary for the defendant at this stage but outpatient follow up is
C recommended. In other words, hospital order is not recommended. C
D D
8. Concerning the charge of criminal damage, there is no
E sentencing guidelines as each case turns on its own facts that could be very E
different. In the present case, the defendant damaged the properties of four
F F
different organizations within a period of 3 months. The motives were
G unknown and there was probably none. Separately considered, Charges 1 G
to 4 are not particularly serious. If the court is dealing with a single
H H
incident, non-custodial sentence might be an option for a defendant of clear
I record who pleaded guilty. However, in the present case the defendant I
committed the offences repeatedly within a short period of time and no
J J
remorse has been shown throughout the proceedings, the court is of the
K view that immediate custodial sentence is called for in these circumstances. K
L L
9. Considered all the circumstances of the case, the personal
M background of the defendant, mitigation put forward and in particular of M
the fact that it is the defendant’s first convictions, I take 4 months’
N N
imprisonment as the starting point for each of Charges 1 to 4. As the
O defendant is willing to make full compensation to the victims, I give him 1 O
month discount for each charge. The defendant was convicted after trial
P P
so there is no further discount. As a result, the defendant is sentencing to
Q 3 months’ imprisonment for each of Charges 1 to 4. Q
R R
10. Concerning Charge 7, the defendant put up a fierce struggle
S when the Police officers were arresting him and as a result an officer S
suffered minor injury. Such behavior must be deterred and custodial
T T
sentence is necessary to protect Police officers for carrying out their duties.
U U
V V
-5-
A A
B B
Considered all the circumstances including the fact that the injury of the
C officer was indeed minor, I adopt 3 weeks’ imprisonment as the starting C
point for Charge 7. Again, the defendant was convicted after trial so there
D D
is no sentencing discount. For Charge 7, the defendant is therefore
E sentenced to 3 weeks’ imprisonment. E
F F
11. Lastly, the court has to consider the totality principle.
G Considered all the circumstances, I order that 1 month’s imprisonment of G
each of Charges 2 to 4 and 2 weeks’ imprisonment of Charge 7 to be served
H H
consecutively with other sentences. The rest of the sentences are served
I concurrently. As a result, the total sentence is 6 months and 2 weeks’ I
imprisonment.
J J
K 12. Concerning compensation, I order the defendant to make K
compensation as follows:
L L
M (i) to pay $800 to victim of Charge 1; M
N (ii) to pay $1,500 to victim of Charge 2; N
O
(iii) to pay $3,500 to victim of Charge 3; and O
(iv) to pay $4,000 to victim of Charge 4.
P P
Q All the above sums to be taken from the bail money of the Q
defendant.
R R
S S
T T
( Jason Wan )
Deputy District Judge
U U
V V