HKSAR v. Wong Wun Sing and Another

HCCC 146/2022

[2023] HKCFI 1154

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 146 OF 2022

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(Proceedings before 10.08 am not required)

COURT: Yes, Mr Ho.

MR HO: May it please your Lordship. My Lord, I’m going to adopt my submission which I’ve submitted it to the court earlier.

COURT: Yes.

MR HO: And it’s not in dispute that the 2nd defendant committed very serious offences. Four offences in total. And perhaps it had profound impact on the victim, in relation to the sexual offences.

Perhaps the strongest and the only mitigating factor in this case is that the 2nd defendant pleaded guilty to the four charges at the earliest opportunity. In that case, by the plea of guilty, there’s no need for the victim, who’s only 12 years of age at the material time, to testify the traumatic experiences in court.

According to my instructions, the 2nd defendant is not a paedophile, but to be fair to the prosecution and the court, I haven’t got any report from the psychologist to tell this fact to the court, he is not a paedophile. And regarding the victim impact assessment report, I agree that that is very important and relevant for sentencing purposes. Fortunately, the report, the contents of the report show that the victim had shown some good progress in recovering after this incident. I have stated the conclusion in my written submission.

COURT: Yes.

MR HO: Now, another matter I would like to highlight is the fact that the 2nd defendant commit the offences under the influence of drugs. According to my instructions, he is a drug addict, he took ‘Ice’ from time to time. What I’m saying is that, he didn’t take the drugs immediately before the incident, what I’m trying to tell the court is that, he had a habit of taking drugs and according to experiences, taking drugs would be much more aggressive and sometimes impulsive.

Now for the offences of the indecent assault and indecent conduct towards a child under the age of 16, I agree with the -- I agree with your Lordship in -- perhaps in taking a global approach for sentencing purposes.

And regarding the charge of the indecent assault(conduct?) towards the child under the age of 16, I think both offences carry the maximum sentences of 10 years’ imprisonment and the main theme of the legislation behind for the indecent conduct towards the child under the age of 16, I think the legislation aims at the victim who is underage. And it makes the offence much more serious but in any event, both offences occurred at the same time, at the same place and involve only one single defendant. I will invite your Lordship to impose a concurrent sentence for both offences.

Now lastly, for the offence of making pornography, the three videos as stated in the Summary of Facts was classified as a Level 3 category. According to case law, I’m inviting the court to impose a concurrent sentence with the offences of indecent assault and indecent conduct towards a child under the age of 16.

Lastly, I just wonder, your Lordship, whether the court would like to take psychology report from the 2nd defendant prior to sentencing.

COURT: Are you asking therefore for me to consider adjourning the case, so that there can be a report prepared on him as to the extent of his paedophilia if it exists?

MR HO: That’s correct. It’s in your Lordship’s hands.

COURT: I am not sure that that’s going to help me.

MR HO: Thanks.

COURT: He obviously has an unhealthy interest in young girls. One can see that from some of the admitted facts. But I don’t think in this case that I will be helped by a report which tells me that.

MR HO: Thank you. Thank you. Unless I can assist you further, those are my submissions on behalf of the 2nd defendant.

COURT: Thank you very much.

MR HO: Much obliged.

(Proceedings after 10.13 am not required)

Court rises - 10.58 am

1.March 2023