HKSAR v. Kwan Ming Ho

DCCC 629/2016

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 629 OF 2016

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REASONS FOR SENTENCE

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1.The defendant pleaded not guilty to all 4 charges, where he was convicted of only one, namely, Charge 3, Criminal Intimidation, contrary to sections 24 & 27 of Crimes Ordinance, Chapter 200 of the Laws of Hong Kong.

2.The particulars of the offence which the defendant was convicted of are:- in between the 27^th day of March and 28^th day of March 2016, both dates inclusive, threatened X with injury to her reputation, with intent to alarm the said X.

The fact of the case

3.The following facts were found by this Court: the defendant came to know the woman in question through some open online application. Some loan was mentioned, and subsequently they entered into an intimate relationship and had sex. In the meantime, the woman sent some of her nude photos to the defendant. They had arguments and the defendant threatened the woman that he would publish her photos on the Internet. He did it in order to get her attention, to make sure that she would not see other man, except himself. She was concerned and was frightened.

Personal particulars and criminal records

4.The defendant is now 44 years old. He is divorced, leaving behind 5 children, who are now being taken care of by his ex-wife. The defendant was unemployed at the time of arrest.

5.The defendant has an appalling criminal record. He has been convicted by Court on 17 occasions, where 1 conviction similar to the present offence was blackmail which took place about 20 years ago. Other convictions were triad and violence-related.

6.There is no tariff sentence for this kind of offence. Having considered the facts, the trauma to the woman, this Court adopts 9 months’ imprisonment as a starting point. The defendant pleaded not guilty, this Court sentences him to 9 months’ imprisonment.