R. v. Wong Kwok on and Another

IN THE SUPREME COURT OF HONG KONG

(CRIMINAL JURISDICTION)

CRIMINAL CASE NO. 39 OF 1972

_________________

Between

_________________

Coram: Briggs, J. in Court

__________________

JUDGMENT

__________________

1. The two persons now before the court are brothers, named WONG Kwok-on and WONG Kwok-hung. The former is aged 16 and the latter is aged 22 years. They have both pleaded guilty to the offence of robbery. In addition WONG Kwok-hung, the elder of the two, has pleaded guilty to being in possession of an imitation fire-arm.

2. The facts are simple. The offence occurred on April 7^th 1972. At about 7 p.m. on that date the two prisoners entered the premises of the Far East Bank, at Number 1 Nanking Street. The elder brother, the second prisoner, was armed with a starting pistol: the younger brother, with a knife.

3. The younger brother kept guard near the main entrance to the Bank, which is on the ground floor. The elder brother threatened the members of the staff of the Bank who were on duty, with the pistol. And he extracted a large quantity of bank-notes and travelers checks from the drawers of a counter. These were stuffed into a plastic bag which the second prisoner had brought with him for that purpose.

4. The two prisoners then ran off. Then first prisoner following the second. The police were called and some members of the staff of the Bank chased after the younger prisoner. An officer of the C.I.D. who happened to be nearby joined the chase and the younger prisoner was apprehended. He was found to be still in possession of the knife. He confessed his part in the affair at once. He also told the C.I.D. officer, who had been instrumental in his capture, that his elder brother was implicated.

5. The younger brother was living with his parents at the time. And the elder brother was living at an address in Wuhu Street. The police proceeded to that address and arrested the second prisoner. He admitted the offence freely and he assumed the sole responsibility for the offence at once. The starting pistol and the money which had been stolen were recovered from these premises. The money totalled $103,135 in the currency of Hong Kong, and travelers checks to the face value of $7,400 in the currency of the United States of America.

6. The prisoners come from a large and very respectable family. This consists of the parents, three sons and two daughters. The two prisoners are the eldest and the youngest of the sons. The father holds an important position in the Cash Department in a well known Bank. And the mother is a teacher. The effect of this case upon the family must have been catastrophic. Though it must be stressed that no member of the family other than the two prisoners had any connexion with this case at all. The prisoners did not rob the Bank in which their father is employed.

7. The first prisoner is, as I have said, 16 years old. He is a student in a Secondary School. He is said to be naïf and immature for his age. I accept, that so far as this offence was concerned he was the tool of his elder brother, whom he hero worships: albeit a willing tool. It is thought that he entered into the affair without being fully conscious of the seriousness of his actions.

8. I have received an excellent and full report from the Probation Officer. And I have had the benefit of the evidence of Father Martin called by counsel for the prisoner. Also Mr. Yu has, with his customary eloquence, addressed me on their behalf.

9. I think that the correct course to take so far as this prisoner, WONG Kwok-on, is concerned is to place him on probation for two years. A condition will be that he resides with his parents.

10. I now turn to the elder brother. Hs is, as I have said, aged 22. At the time he was living with a girl as man and wife in Wuhu Street. He has been away from his parents’ home for about three years. At first he was employed in a warehouse where he did very well. At the time of the offence he was a partner in a small business specialising in repairing wirelesses and the installation of condenser. At first the business progressed satisfactorily but recently his firm has run into difficulties. This is the reason given for the commission of these offences.

11. Back in 1962, when the second prisoner was a school boy, he brought to the attention of the Child Guidance Centre of the Hong Kong University. It was discovered that he had been persistently lying, and that he had committed a series of petty thefts. I have read the reports of the findings of the Guidance Centre, which suggest a credible reason for his behaviour.

12. I have also heard Father Martin as to this. Father Martin was at that time the headmaster of the school at which the second prisoner attended. He has maintained contact with the second prisoner ever since. Indeed he has been a most helpful friend to the second prisoner. He continues to counsel and assist him up to the present moment, and assures me that this will continue, and I believe him.

13. Though I have considered the early delinquency, I do not think that too much weight should be attached to it. At that time the prisoner was 12: an immature school boy. Now, he is an independent businessman of 22 with a common law wife to support. It must be noted that this crime was carefully planned, though its execution was somewhat amateur. The worst aspect of the affair is that he induced his younger brother to take an active part. I am told that he now realizes the shamefulness of this himself.

14. In his favour is the fact that no one was hurt and the money has all been recovered. Also in his favour is that he has taken the whole responsibility for the offence on his own shoulders, though his plea of guilty was inevitable in the circumstances.

15. Finally, Mr. Yu has correctly pointed out that he did not escape with the money when he learned of the arrest of his younger brother, though he could have done so.

16. There are too many robberies at gun point in Hong Kong. And it must be clearly stated that such an offence merits a long sentence. The gun used here was a starter pistol which might, if discharged, wound but which could not kill. However the Bank’s employees were not to know that.

17. Taking everything that I have heard in mitigation into consideration I sentence the second prisoner, WONG Kwok-hung, to imprisonment for five years. This will date from the date of conviction.

18. I would like to record my appreciation of the help I have received from the Probation Officer, Mr. Stephen Lam, in this case.

Patrick Yu (Johnson, Stokes & Master) for both accused

Donaldson, C.C. for Crown