HKSAR v. Ho Tsz Chung

DCCC 654/2019

[2020] HKDC 205

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 654 OF 2019

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Reasons for Sentence

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Charges

1.The Defendant pleads guilty to 4 charges of arson. 

Facts for Charge 1

2.WONG Chun-king (“PW1”) was one of the owners of Yau Yee Bakery Company (“Yau Yee”) situated on Ground Floor, No. 9B Lee Fat Path, Tuen Mun in Hong Kong.  At around 1800 hours on 7th June 2019, PW1 locked the gate of Yau Yee before leaving it. 

3.At around 0500 hours on 8th June 2019, PW1 was told that the canvas awning put up outside Yau Yee was damaged by fire.  When PW1 returned to Yau Yee at around 0525 hours on the same day, she found that about 6 feet x 4 feet of the canvas awning was burnt.  The repair cost was about HK$1,000. 

4.CCTV outside Yau Yee captured the Defendant set fire to the canvas awning of Yau Yee with a lighter at about 0232 hours on 8th June 2019.

5.In his video-recorded interviews, the Defendant stated that he had drank 10 bottles of wine and used his cigarette lighter to set fire to the canvas awning for fun. 

Facts for Charges 2-4

6.At around 1715 hours on 7th June 2019, WONG Cho-yan (“PW2”) parked his motorcycle bearing registration mark UZ1918 (the “Motorcycle”) at the pavement of Tin King Road, outside Tin Lok House, Tin King Estate, Tuen Mun in Hong Kong, and covered the Motorcycle with a motorcycle cover.  PW2 then left the Motorcycle unattended. 

7.At around 0630 hours on 8th June 2019, PW2 was told that his motorcycle was damaged by fire.  When PW2 returned to the scene, he found the Motorcycle and the motorcycle cover were substantially burnt.  The Motorcycle and the motorcycle cover were worth about HK$65,000 and HK$200 respectively.

8.CCTV from the scene captured the Defendant setting fire to the Motorcycle and 2 rubbish bags respectively in quick succession in the vicinity of Siu Lung Court with a lighter. 

Arrest of Defendant

9.At around 2055 hours on 8th June 2019, DPC 7147 (“PW5”) arrived at Room 411, Siu Lung Court and arrested the Defendant.  Under caution, the Defendant admitted that he burnt the motorcycle and the rubbish bins with a lighter for fun. 

Mitigation

10.The Defendant is 27 years of age.  He has a clear record.  As reflected in his probation report, being jilted by his girlfriend, he lost his bearings and ventilated his frustration and anger on the properties.  He has made full compensation to the motorcycle owner. He is deeply remorseful for his misdeeds.  The clinical psychologist report indicates that while he had some drinking problems, it was not to such an extent by itself that led to the offences.  Those incidents were committed out of character.  His risk of re-offending was low.

Sentencing this Defendant

11.There are no sentencing guidelines for arson.  Probation for 12 months is recommended with special conditions attached to deal with his drinking problem and to monitor his emotion and stress management.  I find this an appropriate measure to sentence him.  I so order now.  The sentences shall be concurrent.