HCCC158/2024 HKSAR v. CHIU HEI TIK AND ANOTHER - LawHero
HCCC158/2024
HKSAR v. CHIU HEI TIK AND ANOTHER
高等法院（刑事）Andrew Chan J9/2/2025[2025] HKCFI 1660
HCCC158/2024
A HCCC 158/2024 A
[2025] HKCFI 1660
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 158 OF 2024
D ----------------- D
HKSAR
E E
v
F F
Chiu Hei-tik (A1)
Wan Chi-san (A2)
G G
-----------------
H Before: Hon Andrew Chan J H
Date: 10 February 2025 at 3.00 pm
I
Present: Miss Mok Wan-yin, Winnie, SPP of the Department of I
Justice, for HKSAR
Mr Cheung Kam-wing Adonis, instructed by Eric Cheung &
J Lau, assigned by DLA, for the 1st accused J
Mr Lau Kai-yin Roy, instructed by Ernest Tang,
Solicitors, assigned by DLA, for the 2nd accused
K K
Offence: (1) Robbery (搶劫罪)
(2) Causing grievous bodily harm with intent (有意圖而導
L 致身體受嚴重傷害) L
---------------------------------
M M
Transcript of the Audio Recording
of the Sentence in the above Case
N --------------------------------- N
COURT: The two defendants have pleaded guilty to one count of
O robbery and one count of causing grievous bodily harm with O
intent, contrary to section 10 of the Theft Ordinance and
section 17(a) of the Offences against the Person Ordinance
P P
respectively.
Q In the early morning on 18 April 2023, the 1st defendant, Q
PW1 and friends of them were playing mahjong and cards
inside one party room at a factory building in Tai Kok Tsui,
R Kowloon. After the games, they all fell asleep in the R
playroom.
S S
At 6.30 am when PW1 was still sleeping, he was attacked by
D1 with a metal stick on his head repeatedly for
T approximately three minutes. D2 meanwhile held a short T
knife and pointed it towards the neck of PW2. When PW1
regained consciousness, he discovered that HK$12,000 cash in
U his wallet had gone missing. U
CRT23/10.2.2025/JC 1 HCCC 158/2024(1)/Sentence(A1)
V V
A A
Both D1 and D2 were arrested by police in Cheung Chau soon
after a report was made.
B B
In one video-recorded interview, D1 stated that as he had
lost all his money in the mahjong and card games, and
C C
further that PW1 had acted so arrogantly, he then decided
with D2 that they should get all the money back and
D assaulted PW1. D
They then, both D1 and D2, returned to the playroom. Along
E their return to the playroom, D1 picked up a metal rod. D1 E
told the police that he assaulted PW1 with the metal rod and
that D2 took out a knife and pointed the knife at PW2.
F F
In another video-recorded interview, D2 stated that he took
G out the knife to threaten people inside. As a result of the G
attack, PW1 sustained, among others, a number of facial
injuries, facial lacerations, and bone fractures on his
H scalp. The injuries could hardly be described as trivial. H
To cut the matter short, as a result of the attack PW1 lost
I
his left eye. I
On the last hearing, sentence was adjourned to obtain both
J D1 and D2’s background reports. D1 is now 19 and educated J
up to Form 2 level. He has a clear record.
K Apart from the fact that he had little interest in studying, K
he stayed clear of any criminal activities. According to
L the probation officer, the defendant also showed genuine L
remorse for his misdeed.
M I first deal with the 2nd count as it is much more serious, M
in my view, than the 1st count. The assault was a vicious
attack and resulting in PW1’s total loss of eyesight. The
N violent attack with a metal rod on one’s scalp for three N
minutes could result in fatality. The result could easily
O cost the life of a young man, and in that case, D1 would O
face a murder charge. He was very lucky in the sense that
the victim was young and recovered well. In short, the
P attack on that day was not meant to be just giving the P
recipient, ie PW1, a simple lesson.
Q Q
In Attorney General v Low Wing Wah, CAAR 8/1995, after a
quarrel with the victim concerning some free chairs in a
R restaurant, the defendant returned with a chopper and R
attacked the victims which resulted in the loss of an eye.
The Court of Appeal was of the view that an initial sentence
S should be in the region of 5 years’ imprisonment. S
In the present case, D1 deliberately struck multiple blows
T T
to the victim’s head and resulting in him suffering from a
number of lacerations and fractures. The assault continued
U for three minutes. That in the court’s view was a very U
CRT23/10.2.2025/JC 2 HCCC 158/2024(1)/Sentence(A1)
V V
A lengthy period of time. And as a result, we all know the A
victim lost one of his eyes.
B (Discussion re telephone) B
The victim was only 17 at the time. That means the
C C
blindness of his left eye would last a significant period of
his life, and inevitably cause, to say the least, a severe
D inconvenience if not disabilities. In view of that, a D
starting point of 6 years will be adopted. In view of the
defendant’s plea, the sentence is reduced to one of 4 years’
E imprisonment, ie 48 months. E
As for the 1st count of robbery, a knife was used and
F F
displayed to retrieve the lost money. Given the sentencing
guidelines on robbery, a starting point of 5 years will be
G adopted. Likewise, in view of the defendant’s plea the G
sentence is reduced to one of 40 months’ imprisonment.
H As in the course of the robbery, the use of violence had H
been taken care of by Count 2, and the assault on Count 2
I
was aimed to teach PW1 a lesson, a separate matter in the I
overall consideration of the case, the two sentences ought
to run consecutively to each other. However, given the age
J of D1 and his past community service record and the J
avoidance of a crushing sentence, it is ordered that
24 months of Count 1 will be served consecutively to the
K 48 months imposed on Count 2. K
L For the two offences that D1 stands convicted, he is L
therefore sentenced to a total of 72 months’ imprisonment,
ie 6 years.
M M
N N
I/we certify that to the best of my/our ability
and skill, the foregoing is a true transcript of
O the audio recording of the above proceedings O
P P
.........................................
Jeremiah Barcena Castro
Q Date: 18 February 2025 Q
R R
S S
T T
U U
CRT23/10.2.2025/JC 3 HCCC 158/2024(1)/Sentence(A1)
V V
A HCCC 158/2024 A
[2025] HKCFI 1660
B IN THE HIGH COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
C C
CRIMINAL CASE NO 158 OF 2024
D ----------------- D
HKSAR
E E
v
F F
Chiu Hei-tik (A1)
Wan Chi-san (A2)
G G
-----------------
H Before: Hon Andrew Chan J H
Date: 10 February 2025 at 3.00 pm
I
Present: Miss Mok Wan-yin, Winnie, SPP of the Department of I
Justice, for HKSAR
Mr Cheung Kam-wing Adonis, instructed by Eric Cheung &
J Lau, assigned by DLA, for the 1st accused J
Mr Lau Kai-yin Roy, instructed by Ernest Tang,
Solicitors, assigned by DLA, for the 2nd accused
K K
Offence: (1) Robbery (搶劫罪)
(2) Causing grievous bodily harm with intent (有意圖而導
L 致身體受嚴重傷害) L
---------------------------------
M M
Transcript of the Audio Recording
of the Sentence in the above Case
N --------------------------------- N
COURT: The two defendants have pleaded guilty to one count of
O robbery and one count of causing grievous bodily harm with O
intent, contrary to section 10 of the Theft Ordinance and
section 17(a) of the Offences against the Person Ordinance
P P
respectively.
Q In the early morning on 18 April 2023, the 1st defendant, Q
PW1 and friends of them were playing mahjong and cards
inside one party room at a factory building in Tai Kok Tsui,
R Kowloon. After the games, they all fell asleep in the R
playroom.
S S
At 6.30 am when PW1 was still sleeping, he was attacked by
D1 with a metal stick on his head repeatedly for
T approximately three minutes. D2 meanwhile held a short T
knife and pointed it towards the neck of PW2. When PW1
regained consciousness, he discovered that HK$12,000 cash in
U his wallet had gone missing. U
CRT23/10.2.2025/JC 1 HCCC 158/2024(1)/Sentence(A1)
V V
A A
Both D1 and D2 were arrested by police in Cheung Chau soon
after a report was made.
B B
In one video-recorded interview, D1 stated that as he had
lost all his money in the mahjong and card games, and
C C
further that PW1 had acted so arrogantly, he then decided
with D2 that they should get all the money back and
D assaulted PW1. D
They then, both D1 and D2, returned to the playroom. Along
E their return to the playroom, D1 picked up a metal rod. D1 E
told the police that he assaulted PW1 with the metal rod and
that D2 took out a knife and pointed the knife at PW2.
F F
In another video-recorded interview, D2 stated that he took
G out the knife to threaten people inside. As a result of the G
attack, PW1 sustained, among others, a number of facial
injuries, facial lacerations, and bone fractures on his
H scalp. The injuries could hardly be described as trivial. H
To cut the matter short, as a result of the attack PW1 lost
I
his left eye. I
On the last hearing, sentence was adjourned to obtain both
J D1 and D2’s background reports. D1 is now 19 and educated J
up to Form 2 level. He has a clear record.
K Apart from the fact that he had little interest in studying, K
he stayed clear of any criminal activities. According to
L the probation officer, the defendant also showed genuine L
remorse for his misdeed.
M I first deal with the 2nd count as it is much more serious, M
in my view, than the 1st count. The assault was a vicious
attack and resulting in PW1’s total loss of eyesight. The
N violent attack with a metal rod on one’s scalp for three N
minutes could result in fatality. The result could easily
O cost the life of a young man, and in that case, D1 would O
face a murder charge. He was very lucky in the sense that
the victim was young and recovered well. In short, the
P attack on that day was not meant to be just giving the P
recipient, ie PW1, a simple lesson.
Q Q
In Attorney General v Low Wing Wah, CAAR 8/1995, after a
quarrel with the victim concerning some free chairs in a
R restaurant, the defendant returned with a chopper and R
attacked the victims which resulted in the loss of an eye.
The Court of Appeal was of the view that an initial sentence
S should be in the region of 5 years’ imprisonment. S
In the present case, D1 deliberately struck multiple blows
T T
to the victim’s head and resulting in him suffering from a
number of lacerations and fractures. The assault continued
U for three minutes. That in the court’s view was a very U
CRT23/10.2.2025/JC 2 HCCC 158/2024(1)/Sentence(A1)
V V
A lengthy period of time. And as a result, we all know the A
victim lost one of his eyes.
B (Discussion re telephone) B
The victim was only 17 at the time. That means the
C C
blindness of his left eye would last a significant period of
his life, and inevitably cause, to say the least, a severe
D inconvenience if not disabilities. In view of that, a D
starting point of 6 years will be adopted. In view of the
defendant’s plea, the sentence is reduced to one of 4 years’
E imprisonment, ie 48 months. E
As for the 1st count of robbery, a knife was used and
F F
displayed to retrieve the lost money. Given the sentencing
guidelines on robbery, a starting point of 5 years will be
G adopted. Likewise, in view of the defendant’s plea the G
sentence is reduced to one of 40 months’ imprisonment.
H As in the course of the robbery, the use of violence had H
been taken care of by Count 2, and the assault on Count 2
I
was aimed to teach PW1 a lesson, a separate matter in the I
overall consideration of the case, the two sentences ought
to run consecutively to each other. However, given the age
J of D1 and his past community service record and the J
avoidance of a crushing sentence, it is ordered that
24 months of Count 1 will be served consecutively to the
K 48 months imposed on Count 2. K
L For the two offences that D1 stands convicted, he is L
therefore sentenced to a total of 72 months’ imprisonment,
ie 6 years.
M M
N N
I/we certify that to the best of my/our ability
and skill, the foregoing is a true transcript of
O the audio recording of the above proceedings O
P P
.........................................
Jeremiah Barcena Castro
Q Date: 18 February 2025 Q
R R
S S
T T
U U
CRT23/10.2.2025/JC 3 HCCC 158/2024(1)/Sentence(A1)
V V