HKSAR v. Ng Pui Lam and Another

DCCC895/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 895 OF 2010

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Reasons for Sentence

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1.D1, you pleaded guilty to four offences of theft and D2 to a single offence of theft, each contrary to Section 9 of the Theft Ordinance, Cap. 210. You each admitted the brief facts and I convicted you. Briefly, the facts were as follows:-

Charge 1

2.This involves a light goods vehicle registration number JG9362 valued at $360,000 belonging to Hang Cheong Frozen Meat Limited. At about 10.15 am on 26 May of this year, the driver of LGV1 was loading frozen meat from a warehouse outside Shop No. 67,  Charming Garden, 8 Hoi Ting Road, Mongkok.  The driver went into the warehouse, he returned 2 to 3 minutes to find the LGV with the frozen meat inside valued at $15,000 missing.  CCTV captured four males alighting from a private car, one of them drove LGV1 away. The matter was reported to the police.  Two keys and two vehicle licences of LGV1 were also missing.

Charge 2

3.At about 4.30 pm on 3 June of this year, Kwong Ying‑ying parked a LGV ML413 valued at 108,000 at Goldway Car Park at the junction of Yen Chow Street and Tung Chau Street, Sham Shui Po.  At about 7.50 am on 4 June last, when she returned to the car park she found LGV2 missing.  A Bank of China passbook, Chong Hing Bank passbook and a company chop were also stolen.  The matter was reported to the police.

Charge 3

4.Chan Chi-keung is a driving instructor at Lee Kin Driving School Limited.  At about 4.30 pm on 4 June of last, Chan parked an LGV MS6406 at Continental Car Park, Kwai Fuk Road, Kwai Chung.  At about 2 pm the next day, Chan found the front and rear number plates of the LGV to be missing.  The matter was reported to the police.

Charge 4

5.Kong Mei-tai and her husband, Chan Chun-fat, were gardeners.  At about 2 pm on 5 June last, they drove an LGV number GC5327 to Route Twisk to provide gardening services at a military camp.  They parked and secured the vehicle.  At about 5 pm they returned to find that the left middle window of the LGV open.  They checked and found the following items to be missing: a mower, DVD player, coin bag, ID card of Kong, membership card, car key, carton box, bottle of motor oil, four reflective tabards, 10 pairs of gloves, bottle of water, four packs of drinks, four bags, two fans, a cup, a bundle of electrical wire, a spoon and $80.  The matter was reported to police.

The arrest of D1

6.At about 2 pm on 5 June, the security supervisor of New Kowloon Plaza Car Park, Mongkok, spotted you, D1, and another bail wanted person acting furtively inside an LGV MS6406 on the 5th floor.  He asked the security guard to make enquiries of them.  You and the wanted person told the security guard you were fixing the hi-fi in the vehicle.  The vehicle was then driven to the exit where the security guard demanded the wanted person’s ID card whereupon the wanted person fled.  D1, you attempted to flee also but were stopped and the police called. 

7.The police identified the vehicle as LGV2.  Two keys of LGV1 and two licences of LGV1 were found in your possession.  Also the first 17 items in charge 4 and some tools including a screwdriver, gloves, a cutter and pliers were found on LGV2.  You were arrested, cautioned and remained silent.

8.In a video-recorded interview of 6 June last, you admitted inter alia regarding charge 1:-

1) Your friend, Tse Koon-kit, D2, stole LGV1;

2) you were the lookout;

3) D2 asked you to obscure the company name printed on the LGV after stealing it;

4) the keys and licences were given to you by D2.

Regarding charge 2:-

1) That on 4 June 2010 D2 stole LGV2;

2) You were a lookout.

Regarding charge 3:-

1) On 5 June 2010, D2 drove LGV2 to Tsuen Wan area and stole the number plates of MS6404;

2) you were only a lookout.

Re charge 4:-

1) After the commission of charge 3, you and D2 drove LGV2 to Kam Tin;

2) D2 stole the 18 items from the vehicle;

3) again, you were the lookout.

9.I must make it clear here that I can take no account of that as D2 is only charged with the one offence and convicted.  D1, you have also said that the tools found in LGV2 were used by D2 to steal.

The arrest of D2

10.D2 was arrested on 15 June last at the junction of Nam Cheong Street and Yu Chau Street.  On 16 June at the police station you, D2, volunteered that you had driven LGV1 away.  You were immediately cautioned.  You then led police to LGV1 and admitted to changing the number plates.  In a subsequent video‑recorded interview you remained silent.

11.On 8 June, Kong and her husband identified the 17 items of stolen property as theirs.  The keys were identified to be the missing car keys of LGV1.

12.D1, you admitted to 22 previous convictions, two of which involved dishonesty but most were drugs-related.  D2, you admitted to 25 previous convictions on 17 different occasions, 11 being related to dishonesty. 

13.In view of the mitigation entered on the first occasion, I adjourned the case for a Probation officer’s background report in both cases and for a medical report on you, D1.  Those reports are now before me and I understand that you agree with the contents.  In arriving at my sentences I took into account the contents of all those reports.  Ms Lam entered mitigation on both of your behalves.  Previously in respect of you, D1, she told me that you are 40 years of age, Hong Kong born and had a wife in the mainland.  Your part in these offences was to be the lookout.  You have disabilities which were confirmed by the reports.  She said that you were remorseful and drew my attention to the assistance that you had rendered to the police and also made the point that you accepted these were serious offences. Your plea of guilty was emphasised. 

14.D2, you said you had nothing to add to the report.  It appears you are single and had worked as a vehicle attendant.  Your mother was in court today to support you.  Ms Lam referred to the assistance you had rendered to the police in the recovery of the first vehicle and told me that you made a rather vague offer of compensation, however, this could only take place at some future date on your release.

15.I understand that neither of you are serving prisoners at the moment.  Both Ms Chan for the prosecution and Ms Lam for defence put before me various cases which I have noted.  I turn now to the sentence.

16.D1, you face and are convicted on four counts of theft.  These took place over a matter of days at the end of May and beginning of June this year.  The first two offences are particularly serious involving vehicles of substantial worth.  Charge 1 involves a vehicle and goods worth almost $400,000.  D1, you have an undistinguished criminal record though I do note the majority of offences relate to drugs.  I accept that in life you have faced certain difficulties because of your disability.  I also note that on arrest you were co-operative with the police and I accept that your role was that of lookout.

17.D2, you have a poor record.  You face only charge 1 which I regard as the most serious offence of the four.  In your favour, I have taken into account that you were instrumental in the recovery of that vehicle.  As regards to the various reports, I have taken them fully into account on arriving at my sentence.

18.In all the circumstances, the following sentences will be imposed:-

D1, on charge 1 I take as a starting point 3 years and 3 months imprisonment reduced to 2 years and 2 months for your plea of guilty.

Charge 2, a starting point of 3 years, reduced to 2 years for your plea of guilty.

Charge 3, a starting point of 9 months reduced to 6 months for your plea of guilty.

And charge 4, a starting point of 12 months reduced to 8 months for your plea of guilty.

19.Applying the principle of totality, the sentences will be served in the following way:-

On charge 1, you will go to prison for 2 years and 2 months;

On charge 2, you will go to prison for 2 years, one of which will be consecutive and one concurrent;

On charge 3, 6 months concurrent;

Charge 4, 8 months concurrent.

A total of 3 years and 2 months.

20.D2, in respect of charge 1, I take a starting point of the same, 3 years and 3 months' imprisonment reduced to 2 years and 2 months for your plea of guilty.