HKSAR v. Li Qiu and Another

DCCC 1000/2025

[2025] HKDC 2166

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1000 OF 2025

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Reasons for Sentence

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1.D1 pleaded guilty to all charges against her (totalled 11 counts) and D2 to Charges 10 and 11. They were convicted accordingly. The travel movement records of D1 and D2 for a specified period were marked as MFI-1 and MFI-2 respectively.

Brief Facts (simplified version)

Charge 1

2.On 12 April 2024 at about 2 pm, PW1 Cheung was shopping at Tuen Mun Plaza Phase 1.  She went to a boutique, GU, on UG/F of the plaza (location 1).  When PW1 was walking to the fitting room of GU, she found her backpack unzipped and her wallet was stolen.  In her wallet, there were her HKID card, her Home Visit Permit, HK$2,000, and RMB$1,500.  She made a report. 

3.The CCTV footage at the material time at location 1 revealed that:- 

(a) At 2:26 pm, PW1 was shopping around. D1, who was wearing a dark shirt, grey sports trousers, and white slippers, and another female (WP1) approached PW1 from behind. Both D1 and WP1 were wearing a face mask.

(b) At 2:27 pm, D1 was near the same rack of clothes as PW1. WP1 unzipped PW1’s backpack and took an object from the said backpack. WP1 immediately turned around and walked away.

(c) WP1 took a look at the object which was PW1’s wallet. D1 approached PW1 and they walked to another clothes rack together. WP1 discarded the wallet.

(d) At 2:28 pm, D1 and WP1 left location 1.

Charge 2

4.On the same day as Charge 1, the CCTV footage at location 1 also captured D1 and WP1 approaching another female customer on the same day, and revealed the following:- 

(a) At 2:22 pm, a female customer, who was carrying a black sling bag on her right side, was shopping around. D1 and WP1 followed the female customer from behind closely.

(b) D1 put her right hand into the female customer’s sling bag but did not steal anything.

(c) At 2:23 pm, upon D1’s indication, both D1 and WP1 walked away from the female customer. WP1 re‑approached the female customer from behind again and stood next to her. After half a minute later, WP1 walked away.

Charge 3

5.On 14 April 2024 at about noon, PW2 Xu was shopping at a boutique “In & Out” at Po Heung Street, Tai Po (location 2). PW2 put her wallet in her courier bag.  There were cash $4,000, her HKID card, Home Visit Permit, Octopus card and ATM card in her brown wallet.  Later, PW2 found her wallet stolen.  She made a report.  

6.The CCTV footage at the material time at location 2 revealed that:- 

(a) At 11:27 am, D1, who was wearing a face mask, a white dress, and white slippers together with another female (WP2) went to location 2. They left at 11:28 am.

(b) At 11:54 am, D1 and WP2 returned to location 2. They approached PW2 from behind closely.

(c) At 11:56 am, WP2 looked at PW2’s black sling bag and D1 walked closer to PW2.

(d) After 6 seconds, D1 was holding a brown wallet and she walked away from PW2. Soon WP2 walked away from PW2 and left location 2 with D1.

Charge 4

7.On 3 May 2024 at about 2:40 pm, PW3 Cheung was shopping at Zara shop in Pacific Place, Admiralty (location 3). She was carrying a red paper bag and a brown handbag.  PW3 found 2 females (D1 and WP3) standing very close to her.  Both of them were wearing a face mask.  D1 was wearing a white short-sleeved shirt and grey trousers.  PW3 found out that her handbag had been unzipped and her pink wallet stolen.  PW3 immediately grabbed D1’s left arm.  WP3 ran away from location 3.  PW3 accused D1 in Putonghua of stealing her wallet.  

8.D1 pointed at some jeans placed nearby and PW3 found that her wallet had been placed on top of some jeans.  PW3 got back her wallet and D1 took the chance to escape and flee from location 3.  D1 dropped her black bag.  PW3 made a report.  

9.The CCTV footage at the material time on 3 May 2024 at location 3 and the Pacific Place shopping mall revealed that:- 

(a) At 2:44 pm, D1 and WP3 went to location 3.

(b) At 2:46 pm, D1 ran away from location 3. WP3 followed suit with barefoot.

(c) Between 2:46 pm and 3:20 pm, both D1 and WP3 wandered around Pacific Place, and they took a taxi at 3:20 pm.

10.PW3 did not suffer any loss. 

Charge 5

11.On 5 June 2024 at about 12:15 pm, PW4 Chu was shopping at APM Millennium City, Kwun Tong.  She was carrying her backpack with her wallet inside.  The wallet contained cash $1,300.  She went to Uniqlo shop at about 12:30 pm (location 4).  About 10 minutes later, PW4 found her backpack unzipped. The cash in her wallet was stolen.  She made a report.  

12.The CCTV footage at the material time at location 4 revealed that:- 

(a) At 12:34 pm, D1, who was wearing a face mask, a dark blue blouse and a grey skirt, together with another female (WP4) approached PW4 from behind. They were near a clothes rack.

(b) D1 picked up a green shirt with her left hand and reached out into PW4’s backpack with the right hand. D1 used the green shirt to cover her stealing act.

(c) Soon D1 took out an object from PW4’s backpack and then walked away from PW4. WP4 followed D1.

Charge 6

13.In the afternoon of 8 June 2024, PW5 Agrawal visited the “Under Armour” shop in the Citygate, Tung Chung (location 5). She was carrying a white shoulder bag inside which there was her black wallet with cash $16,960.  At 12:40 pm, PW5 found the cash in her wallet missing.  PW5 made a report.  

14.The CCTV footage at the material time at location 5 revealed that:- 

(a) At 11:51 am, D1, who was wearing a blue dress and white slippers with another female (WP5), appeared in location 5.

(b) At about 11:58 am, when PW5 was shopping around in location 5, D1 and WP5 approached PW5.

(c) Shortly afterwards, D1 picked up a grey blouse from the rack with her left hand and used her right hand to reach PW5’s white sling bag. D1 attempted to use the grey blouse to cover her act.

(d) D1 withdrew her hand when PW5 proceeded to another areas. D1 tried to steal from PW5’s bag again but failed.

(e) Eventually, D1 was able to steal the wallet from PW5’s bag and put it into D1’s bag.

(f) At 12:01 pm, both D1 and WP5 left location 5.

Charge 7

15.On 10 August 2024 at about 1 pm, PW6 Yuan went to shopping at Puma Shop in Citygate, Tung Chung (location 6).  At about 1:55 pm, PW6 discovered that cash $7,500 in her handbag gone missing.  She made a report.  

16.The CCTV footage at the material time at location 6 revealed that:- 

(a) At 1:54 pm, D1 and WP6 appeared inside location 6. They were looking at PW6 who was carrying a black sling bag and standing at the cashier counter. D1 was holding a white blouse.

(b) Suddenly, PW6 turned around and walked towards a clothes rack. D1 and WP6 followed and approached PW6 from her right hand side.

(c) WP6 used several blouses to cover PW6’s shoulder bag.

(d) Soon afterwards, D1 walked away from PW6 with an object and the white blouse in her hand. D1 put the object into her bag and left with WP6.

Charge 8

17.On 2 October 2024 at about 6 pm, PW7 Hou was shopping in SaSa Shop on G/F, No. 204 Portland Street, Mong Kok (location 7).  When she was about to pay, she found her backpack unzipped and her wallet on the floor.  PW7 found that cash $1,560 inside her wallet was stolen.  She made a report.  

18.The CCTV footage at the material time at location 7 revealed that:- 

(a) At 6:04 pm, PW7 was shopping in location 7. D1, who was carrying a white shoulder bag and holding a black blouse, approached PW7 from behind.

(b) D1 unzipped PW7’s backpack with her right hand. She used the blouse as a cover.

(c) D1 looked at the interior of PW7’s backpack for about 10 seconds and took away a grey wallet. D1 walked away from PW7. She later took out a stack of banknotes from the wallet and put the money into her bag.

(d) At 6:08 pm, D1 left location 7 without PW7’s wallet.

Charge 9

19.On 5 October 2024 at about 1:45 pm, PW8 Luk was shopping at V City in Tuen Mun.  She has her wallet containing cash $1,660 in her backpack.  She went to Uniqlo shop in V City (location 8) at about 1:50 pm.  At 2:15 pm, PW8 found the cash in her wallet missing.  The wallet was still in her backpack.  She made a report.  

20.The CCTV footage at the material time at location 8 revealed that:- 

(a) At 1:57 pm in location 8, D1 was seen following PW8. Later, D1 tried to unzip PW8’s backpack but failed. D1 was holding a dark blouse as a cover.

(b) At 2:02 pm, D1 approached PW8 again and succeeded to steal a wallet from the backpack.

(c) D1 walked elsewhere to check the wallet.

(d) At 2:04 pm, D1 approached PW8 again and put the wallet back to PW8’s backpack before leaving location 8.

Charge 10 (against both D1 and D2)

21.On 16 November 2024 at about 6 pm, PW9 Yeung went to Muji shop in APM Millennium City 5, Kwun Tong (location 9).  

22.At 6:05 pm, PW9 felt that someone was pulling her handbag and found that the handbag was half unzipped.  Two females were about one metre behind her.  They walked away in a rush.  PW9 attempted to follow them but in vain.  She made a report.  

23.The CCTV footage at the material time at location 9 revealed that:- 

(a) At about 6:06 pm, PW9, who was carrying a brown handbag, was shopping inside location 9.

(b) Both D1 and D2 were wearing a face mask. They were carrying a blouse in their hand. They approached PW9 from behind.

(c) D1 reached out PW9’s handbag with her right hand. Both D1 and D2 used the blouse to cover D1’s acts.

(d) When PW9 turned around and checked her handbag, both D1 and D2 immediately turned their back. They eventually left location 9.

24.PW9 suffered no loss. 

Charge 11 (against both D1 and D2)

25.On 19 November 2024 at about 2:23 pm, PW10 Liu went to shopping at YoHo Mall I, Yuen Long.  She was carrying a white shoulder bag inside which there was her wallet with cash $4,800, identification documents and bank cards.  She went to Uniqlo shop in the mall (location 10) but she did not take out her wallet. 

26.At 4:34 pm, PW10 went to Yuen Long Railway Station and found that her wallet was missing.  PW10 returned to location 10 and recovered her wallet from a staff member.  She could recover her identification documents and bank cards but not the cash.  She made a report.  

27.The CCTV footage at the material time at location 10 revealed that:- 

(a) At 2:30 pm, PW10 was inside location 10 shopping around.

(b) At 2:31 pm, D1 and D2, both were wearing a face mask, approached PW10 from behind. Both D1 and D2 were holding a blouse in their hand.

(c) D1 was able to steal the wallet from PW10’s shoulder bag. They walked away and took certain objects away from the wallet.

28.In the afternoon of 20 November 2024, the police arrested D1 and D2 at Lo Wu Control Point when they were about to leave Hong Kong.  

Mitigation

D1 - Li Qiu

29.She was born in Hainan.  She is aged 25 and is married with 3 kids.  She had a clear criminal record in Hong Kong.  She came to Hong Kong lawfully.  

30.Defence counsel said that the value of the stolen goods or cash was not high.  It was submitted that D1 committed offences to secure medical treatment for her youngest child who is suffering from pneumonia. 

31.Defence counsel relied on HKSAR v Ngo Van Huy [2005] 2 HKLRD 1 and HKSAR v Suen Ping [2024] HKCA 701, to say that for this kind of pickpocketing cases, without aggravating factors, the usual starting point would be 12 to 15 months after trial for the first offender.  The aggravating factors include: (a) whether the offence was committed in a place in which the public is at a particular risk; (b) if the offence was committed with others; (c) whether the offender is a professional one; (d) if the offender came to Hong Kong to commit the crime.  

32.D1’s mitigation letter is tendered.  

D2 - Shi Cuimei

33.D2 was born in China.  She is now aged 31 and is married with 3 kids.  D2 also had no criminal record in Hong Kong.  

34.Defence tendered the mitigation letter from D2 and her husband.  D2 only faced one count of attempted theft (Charge 10) and that of theft of $4,800 (Charge 11).  D2 was not the main culprit and it was D1 who did the stealing.  

35.Defence counsel suggested that, generally speaking, 30 months’ imprisonment is an appropriate starting point for pickpocketing cases (paragraph 8 of the mitigation).  And the appropriate starting point for these 2 charges is 27 months and, with the totality principle, a term of 21 months would probably reflect the overall culpability of D2 (paragraph 11 of D2’s mitigation). 

36.When asked, Defence counsel said D2 met D1 randomly upon arrival in Hong Kong on 16 November 2024.  She planned to stay in Hong Kong for 4 days.  It was the first time D2 came to Hong Kong for a visit.  She brought her savings of RMB$8,000 and stayed in a hostel with a daily rent of $350.  

Sentence

D1

37.The pickpocketing activities committed by D1 relating to all charges and together with D2 were captured by CCTV footages. Without doubt, as far as these 2 defendants are concerned, D1 was the mastermind.  I would not speculate if there was a syndicate behind D1.  I would take D1 as a professional thief.  She did not take the cards or personal identity documents of the victims.  She would take away all the cash in the victim’s wallet and on some occasions, even put the wallet back into the victim’s bag or just discarded it on the floor.  She targeted on ladies or women.  She did not steal any mobile phones.  She visited at least 10 locations to pickpocket.  She had at least 8 accomplices with her, that is, 7 WPs and D2. D1 only committed the crime alone on 2 occasions (Charges 8 and 9).  D1 wore a face mask to avoid possible detection.  She adopted similar strategy of stealing cash only. 

38.In her mitigation letter, D1 said she reflected on her wrongdoings and felt remorseful for what she did and to the harm done to society.  She owed debts to other people and had no alternative but to commit crimes in Hong Kong.  Her husband has to work and no one would look after her 3 young kids.  D1 promised that she would be a law-abiding citizen and would not commit any wrongdoing that harms society.  

39.D1 is not a Hong Kong citizen.  From D1’s travel movement record (MFI-1), during the period from 1 January 2024 to 25 November 2024, D1 came to Hong Kong 12 times and usually would stay for 2 to 3 days.  She committed the crime in Hong Kong and then returned to China.  D1 entered Hong Kong on 16 November 2024 at 12:36 hours and was arrested on 20 November 2024 when she was about to return to China.  D1 committed Charge 10 on 16 November 2024 at about 6 pm.  She committed Charge 11 on 19 November 2024 at about 2:30 pm.  

40.This is a typical cross-border crime.  As a visitor to Hong Kong, D1 committed these offences repeatedly.  Although legally speaking, D1 can be treated as the first offender in these crimes, I would consider all other aggravating factors, including the sentencing consideration as promulgated in HKSAR v Ngo Van Huy. 

41.Taking all factors into consideration, I would adopt 3 years (36 months) as the starting point for all 11 charges. With D1’s plea, the sentence is reduced to 2 years.  All sentences are to be served concurrently.  

D2

42.D2 came to Hong Kong on 16 November 2024 for the first time.  In her mitigation letter, D2 said she trusted other people wrongly and committed the present crimes.  She is married and has 3 kids.  She was raised in a single-parent family and now her husband could not work as he has to look after the kids.  She promised not to commit any crimes and would be a good citizen.  D2’s husband in the mitigation letter said his wife was cheated to go to Hong Kong.  D2 has learned a lesson. (Defence counsel does not provide English translation of these 2 letters written in Chinese). 

43.I have serious doubt as to the remorsefulness of D2.  When asked, D2 said she came to visit Hong Kong on 16 November and “by random” she met D1 in Hong Kong.  D2 stayed in a hostel in Hong Kong.  When asked why D2 came to Hong Kong for the first time on 16 November without her kids, how could she meet D1 by random, D2 cannot give any reasonable answers.  It is worth to mention that D2 entered Hong Kong via LWS at 12:34 hours on 16 November and D1 at 12:36 hours via the same control point, just 2 minutes behind.  

44.D2 assisted D1 in the stealing.  Both of them wore face masks and they used a blouse to cover their acts.  D2 shared the same culpability with D1, but I do accept that D2’s role was not the same as D1.  

45.Considering all factors in totality, I will adopt a starting point of 2 years (24 months) for both charges.  With D2’s plea, the sentence is reduced to 16 months and both sentences to be served concurrently.