Yuen Sui-ki and Another v. The Queen

CACC000232/1972

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 232 OF 1972

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Coram: Briggs and Leonard JJ.

Date of Judgment: 25th July, 1972

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JUDGMENT

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1. On February 29th, 1972 the first Appellant, YUEN Sui-ki was convicted of aiding and abetting the second Appellant in attempting to rape one POON Chui-shan and also of raping one LO Ching-mui. On March 14th, 1972 he was sentenced to 6 months' imprisonment for the first offence and to three years for the second offence - the sentences to be served consecutively.

2. On the same date the second Appellant was convicted of two offences of the attempted rape of POON Chui-shan. For the first offence he was sentenced to 6 months' imprisonment and for the second to two years and nine months' imprisonment - the sentences also to be served consecutively.

3. Against these sentences the Appellants have appealed.

4. The Two Appellants were tried together with three other persons all of whom (except for the second Appellant) were found guilty of rape.

5. This is a very bad case. The facts show that on October 10th, 1971 two young factory girls aged about 16 were strolling along Tong Mei Road when they heard voices behind them. It was early in the afternoon. The girls were stopped by some youths, and, much against their will, were taken to the roof-top of a building nearby. In order to make them comply force was used. On the rooftop the girls were threatened and were put in fear. The girls were then forced to undress or were partially undressed. The first Appellant threatened the girl LO with a broken glass bottle in order to overcome her resistance to being raped by another member of the party. The second Appellant meanwhile attempted to rape the girl POON.

6. After this the girls were taken to an apartment house. There the first Appellant raped the girl LO and the second Appellant again attempted the rape of the girl POON.

7. In the room at the Apartment House were at least seven youths of whom two were the Appellants. Other members of the party raped the girls in turn, those not being actively engaged in this conduct played mahjong. Three other persons were tried with the Appellants and were also found guilty of the rape of the girl LO. It would be difficult to imagine a more serious case of multiple or pack rape.

8. The Appellants pleaded guilty but this can hardly be taken into consideration in their favour, as they only did so after the two girls had suffered the embarrassment and shame of giving their evidence in open court, and had been vigorously cross-examined at considerable length.

9. We consider that the sentences passed by the learned Commissioner to be manifestly inadequate. This crime is not uncommon in Hong Kong and it is the duty of the Court to do all in its power to deter its occurrence.

10. The sentences passed in the lower court are set aside and the following sentences are substituted.

11. The first Appellant is sentenced to three years' imprisonment on the first charge, the charge of aiding and abetting and to six years' imprisonment on the second charge, the charge of rape. The sentences are to be served concurrently and shall date from July 25th 1972.

12. The second Appellant is sentenced to three years for the first charge of attempted rape and to five years for the second charge of attempted rape. The sentences are to be served concurrently and shall date from July 25th, 1972.

13. As we have said the Appellants were found guilty together with three others who received similar sentences to those passed on the Appellant but who have not appealed. We thought it just to ask Crown Counsel to bring the facts of this case to the attention of the Attorney General for his consideration.

Representation:

Appellants in person

Mrs. Jackson-Lipkin, C.C. for Respondent