HKSAR v. Chik Lung Kong

DCCC1249/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1249 OF 2009

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to three charges, the first being a charge of possessing arms without a licence, contrary to section 13(1) and (2) of the Firearms and Ammunition Ordinance, Cap.238, Laws of Hong Kong, the arms concerned being six stun guns and one can of pepper spray, which you kept in your hawker stall in Temple Street, Yau Ma Tei.  Charge 3 is an offence of possession of prohibited weapons, contrary to section 4 of the Weapons Ordinance, Cap.217, Laws of Hong Kong, in that you had in your possession 29 flick knives which were stored at your store house in a flat in Woosung Street.  Charge 4 is an offence of possession of offensive weapons in a public place, contrary to section 33(1) of the Public Order Ordinance, Cap.245, Laws of Hong Kong, and concerns your possession of 10 folding knives in the hawker stall.

2. The Facts which you have agreed speak for themselves and indicate that you had told the police that you had bought the knives, stun guns and pepper spray from the mainland. 

3. With regard to the stun guns, these were examined and found to have an average peak-to-peak pulsating voltage which ranged from 28,894 volts to 72,446 volts.  In the opinion of the pathologist, the level of electric shocks generated by such devices would be sufficient to immobilise and incapacitate a person for a period of time.

4. You are 41 years of age, a hawker, who, I am told, sells electrical appliances and items that can be generally described as hardware.  You have a clear record and I accept that you are a hardworking hawker. 

5. You have pleaded guilty to these charges and I will give you credit for that.

6. Whilst I accept that you yourself did not have any of these weapons in your possession for any illegal purpose, the aggravating feature here is the fact that they could quite easily have ended up in the hands of persons who no doubt would use them for illegal purposes, and in this regard, I do not accept your assertion that you made to the police that you did not want to dispose of them.  You had a total of 39 knives in your possession, quite apart from the six stun guns and pepper spray. 

7. I note also the fact that upon arrest you said to the police, “I just want to earn a living.  I know it is wrong.”  This can only indicate that you did intend to sell these items.

8. On the 1st charge, I propose to adopt as my starting point a sentence of 3 years’ imprisonment.  I will discount this by one-third to take account of your plea of guilty, coming to 2 years’ imprisonment on Charge 1.

9. On Charge 3, I adopt 18 months as my starting point, which will be similarly discounted by one-third, coming to 12 months’ imprisonment on Charge 3, which I order to run concurrently to Charge 1.

10. On Charge 4, I adopt 12 months’ imprisonment as my starting point.  This, after discount to reflect your plea of guilty, comes to 8 months’ imprisonment.  Once again, I order this sentence to run concurrently to the sentence on Charge 1, arriving at an overall sentence of 2 years’ imprisonment in all.