HKSAR v. Chan Chung Kan

DCCC 502/2025

[2025] HKDC 1758

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 502 OF 2025

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Reasons for Sentence

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1.The defendant pleaded guilty to the offence of burglary (1^st Charge) and was convicted accordingly.

Brief Facts

2.When Leung Ho-fung (Leung), the owner of an antique shop, Kat Lam Trading Co, which is situated at G/F, No. 253 Apliu Street, Sham Shui Po, returned to his shop at about 10 am on 11 October 2024, he found the padlock of the front rolling gate missing and there were signs of ransacking inside the shop.  Upon checking, Leung discovered that the following items were stolen:

(1) cash, HK$15,000;

(2) 10 bottles of liquor worth about $68,600;

(3) 20 rings valued at about $60,000; and

(4) 3 pens valued at about $3,500.

3.He made a report to the police.  The CCTV installed in the vicinity of the shop and at the defendant’s residence in Hung Yan House (HY House), Hung Hom Estate, captured the following footage at the midnight of 11 October 2024:

(1) At 0305 hours, the defendant left HY House wearing a mask, a green cap, a dark T-shirt and trousers.

(2) At 0336 hours, the defendant walked past the antique shop.

(3) At 0428 hours, the defendant boarded a taxi at No. 260 Apliu Street.

(4) At 0642 hours, the defendant returned to HY House.

4.The defendant was arrested outside HY House on 16 October 2024.  Upon house search, the police recovered 2 bottles of liquor, 6 rings and 3 pens with the total value of about $37,300.  In addition, the police also found a hydraulic cutter and those clothing that the defendant wore at the offence date. 

5.In the subsequent video-recorded interview, the defendant admitted that those items that the police recovered were stolen properties.  Leung confirmed that the recovered items were his properties stolen on 11 October 2024. 

Mitigation

6.The defendant was born in China and is now aged 71.  He came to Hong Kong in 1973.  He was married and has a daughter.  Before retirement, he worked in construction site as casual worker. The defendant received CSSA and got $2,850 per month.  The defendant has been remanded since 16 October 2024.  When asked, the defence counsel agreed that the court can draw an inference that the hydraulic cutter had been used, though there was no direct evidence as to how the padlock of the gate of the shop was damaged. As 8 bottles of liquor were not recovered, it can be assumed that either some of these bottles were resold or consumed.  The defence amended his mitigation by saying that the value of the recovered items can reach $40,340. 

Sentence

7.The defendant is now 71 years old and said that he is not a drug user.  Since May 1975, he had a total of 11 convictions.  He had been convicted in High Court in 1983 and 1996 respectively and had served a lengthy sentence.  The defendant had 2 convictions of burglary in 2005 and 2011 respectively.  The defendant was last discharged in December 2011. 

8.It is sad to see that after some 14 years, at the age of 70, the defendant got caught again.  It is a wise move for him to plead to the charge.  For that, he is entitled to have a one-third discount. Apparently, the defendant had consumed some of the liquor and/or realized some of the stolen properties. He might use the hydraulic cutter to cut the padlock of the gate of the shop.  That means the defendant did not commit the crime as an opportunist.  He travelled all the way from Hung Hom to Sham Shui Po in early hours of the day.  He was wearing a mask and a cap while committing the burglary.  The photo album of 16 pages is marked as MFI-1. 

9.In normal circumstances, a non-domestic burglary will attract a starting point of 2½ years.  Taking all factors into consideration, including the defendant’s age, and the defendant being a repeated offender, I would still adopt a starting point of 2½ years.  With his plea, I sentence the defendant to 20 months’ imprisonment.