HKSAR v. Yang Shiping and Another

DCCC 244/2025

[2026] HKDC 189

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 244 OF 2025

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REASONS FOR SENTENCE

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D1 and D2 are jointly charged with one offence of "Burglary" (Charge 1)  and one offence of "Criminal damage" (Charge 2). D1 alone faces a charge of "Assaulting a police officer in the due execution of his duty" (Charge 3). On 22 January 2026, D2 pleaded guilty to Charge 1 before me. I granted the prosecution's application to leave Charge 2 against D2 in the court file; not to be proceeded against him without leave of court. D1's trial will take place before another judge on 16 March 2026.

Summary of Facts

2.Both D1 and D2 are mainland residents.  They entered Hong Kong respectively at 2:33 p.m. and 2:32 p.m. on 21 October 2024 with their Two-way Permits.

Charge 1

3.Mr. Ha (PW1)  resided at the address particularized in Charge 1, which was a 4-storey house in Hong Lok Yuen, Tai Po ("House A").

4.Upon returning home around 9:00 p.m. on 21 October 2024, PW1 found one of the windows in the dining room (on the 1^st Floor)  having been prized open.  He also found signs of ransacking in every room.  PW1 discovered 3 watches (valued at $290,000 in total; collectively "the Watches")  missing from House A.  Police officers arrived at House A around 10:45 in the same evening.

5.PC 15024 (PW8)  and his teammates conducted a sweep in the vicinity of Hong Lok Yuen.  At the security guard post near Houses Nos.6 to 8, PW8 spotted 2 males (subsequently confirmed to be D1 and D2)  hiding in the bushes on the hillside. PW8 was able to see the clothing worn by them.  When PW8 pointed his flashlight at the 2 males, they fled.

Arrest

6.About 1:00 a.m. on 22 October 2024, Acting Sgt 14474 (PW7)  and his teammates were searching near The Wonderland, Tai Po Tau Village, Tai Po for the 2 males spotted by PW8.  They saw a motorcycle parked outside the address particularized in Charge 2.  The motorcycle had a cover.  The shape of the motorcycle under its cover looked peculiar, and two human feet were visible on its left paddle.

7.PW7 and his teammates lifted the cover and found D1 and D2 stacked on top of each other on the motorcycle seat.  D1 and D2 were in the same clothing that PW8 had observed a few hours ago.

8.D1 and D2 were arrested, searched and cautioned.

Other evidence

9.CCTV footage captured 2 persons passing through the garden of House A around 6:40 p.m. on 21 October 2024.  Around 6:43 p.m. on the same day, they walked by the garage of House A.

10.CCTV footage also captured 2 persons wandering around the backyard of House No.522, The Wonderland from 12:25 a.m. to 12:40 a.m. on 22 October 2024.  They then headed towards House No.2.

11.The 2 persons depicted in the CCTV footage described above were later confirmed to be D1 and D2.

Mitigation

12.D2 is 33 and has a clear record.  His counsel Ms. Pao informed me that D2 is divorced with a son (aged 15).  D2 resides with his parents and son in Guizhou Province.  Prior to his arrest, he was a construction worker earning about RMB10,000 per month.  In mitigation, Ms. Pao submitted that D2 committed the present burglary offence due to financial hardship.  The offence took place when no one was in House A.  D1 and D2 were not professional burglars.

13.Time after time, the court has expressed in very clear terms that being in financial difficulty (however serious)  is no mitigating factor for committing a crime. Although D1 and D2 came to Hong Kong through legal means, it is clear to me that they came for criminal purposes.

14.The normal starting point for domestic burglary is 3 years' imprisonment.  D1 and D2 entered Hong Kong from Lo Wu at 2:30 p.m. on 21 October 2024.  They were already snooping around House A at 6:40 in the same afternoon.  It is apparent that they did not arrive at House A by chance.  They had a plan (however primitive it might have been), and House A, or Hong Lok Yuen, was their target.  The Watches were not recovered.  Their total monetary value was about $290,000, which is a significant sum.  These are all aggravating factors.

15.Bearing the above aggravating factors in mind[1], I would increase the starting point for Charge 1 to 40.5 months' imprisonment.  With the timely guilty plea, the sentence becomes 27 months.  Apart from this, I see no other mitigating factors which warrant any further reduction.  I sentence D2 to 27 months' imprisonment for this charge.