HKSAR v. Chui Ka Ki

DCCC 317/2022

[2023] HKDC 1562

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 317 OF 2022

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REASONS FOR SENTENCE

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Charges

1.D2 pleads guilty to assault occasioning actual bodily harm, contrary to Common Law and punishable under section 39 of the Offences against the Person Ordinance, Cap 212, against D2 together with D1, D3, and two unknown persons.

Facts

2.In early July 2020, X came to know D2 via a dating app.  They had consensual sexual intercourse in July and August 2020.  After that they did not contact each other.

3.On 21 July 2020, X asked D2 to meet up in a room at Kowloon Hotel.  At around 1930 hours, when X and D2 were inside the room, D2 said that she wanted to order takeaway.  She opened the door for D1, D3 and two unknown males (“Male A” and “Male B”).  D2 left the room.

4.After the four entered the room, D3 stood next to the door and while holding a folding knife of around 10 cm in length.  Male A and Male B accused X of having an affair with D2.  D1, Male A and Male B then assaulted X barehanded for about 10 minutes.  During the assault, Male A searched X’s backpack and found X’s wallet while held the folding knife and looking at X without taking part in the assault.

5.At around 2130 hours, ie, 2 hours after their entry into the room, the four left the room.

6.X attended the hospital and was diagnosed to have redness and bruising on his left lower eyelid, and laceration on the back of his scalp and left lower eyelid.  Six stitches were applied to the laceration.

CCTV footage

7.The CCTV footage captured as follows:

(1)  D2 and D1, D3, Male A and Male B were inside a room at Imperial Hotel, later found to be rented by D1 before the incident;

(2)  After D2 opened the room door at Kowloon Hotel, D1, D3, Male A and Male B entered the room;

(3)  After the incident, D3 gave D1 some money in the elevator at Imperial Hotel;

(4)  D1 and D3 entered the room at Imperial Hotel after the incident.

What D2 told the police

8.After arrest and caution by the police, D2 said she told D1 that X had asked her to the room at Kowloon Hotel and she heard D1 say that he would bring some people to assault X;

9.In the subsequent VRI, D2 admitted her being a sex partner with X.  D1 became very angry after discovering that.  When X asked her to go to the room, she told D1 about it because D1 had once told her that he wanted to vent his anger.  She called D1 to tell him of her arrival at the room.  After 15 – 20 minutes, D1 rang the bell of the room.  She opened the door for D1 and the other three to enter.  Then she left.

Mitigation

10.D2 is 28 years of age.  She came to know X in early July 2020, and had sex with X on 2 occasions in the summer of 2020 when she was still living with D1 and their two children.  She separated from D1 since November 2020.  They obtained the decree absolute for divorce in September 2022.  She takes care of her two children and her mother.  Her father passed away in 2016.  Her younger brother is working in the food service industry.  They all live together.  She also does most of the housework, including buying groceries and cooking.

11.Her son was diagnosed with Autism Spectrum Disorder and Developmental Delay in 2019 when he was 3 years old.  He was registered with the Social Welfare Department as a case of mental disability in need of long-term special clinical treatment.  He has to attend frequent regular clinical treatment.  D2 is his primary carer.  They have a very close and good relationship.

12.She has a clear record.

13.Her counsel asks me to consider probation or community service.  As her case is within range of such options, I order the reports accordingly.

Sentencing D2

14.D2 is remorseful for procuring the assault on X.  She has been a responsible and caring parent throughout and making great efforts to take care of her mother as well.  She had been in custody for 42 days due to this case and learned a bitter lesson.  The community service report is a positive one. On Charge 2, I order 96 hours’ community service for her.  She agrees to comply with the terms.