HKSAR v. Hung Sin Ying

DCCC618/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 618 OF 2010

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.The defendant was originally charged with an offence of wounding with intent, contrary to section 17A of the Offences against the Person Ordinance, Cap.212. That allegation was that on 5 April 2010, in To Kwa Wan in Kowloon, together with persons unknown, she unlawfully and maliciously wounded Chan Yin-nang, with intent to do him grievous bodily harm.

2.The defendant pleaded not guilty to that charge.

3.However, she also said that she would plead guilty to a charge of unlawful and malicious wounding, without the intent to cause grievous bodily harm, and this was accepted by the prosecution.

4.What came out in the background, but was not clear from the facts admitted on the previous occasion, is that the victim in this case is a former boyfriend of the defendant, with whom she had lived for some time. The relationship broke up some time before the commission of this offence.

5.At 3 am on 5 April 2010, PW1, the victim, received a phone call from the defendant. The defendant swore at the victim over the phone and threatened him to be careful when he went to a certain amusement game centre in Ma Tau Wai Road in Kowloon. The victim was also spoken to by an unknown male over the telephone, who threatened that he would find someone to cause him trouble and told the victim to be careful.

6.At about 10 past 9 that evening, the victim was on his way to the amusement game centre. Again, he received a phone call from the defendant, who taunted the victim, claiming that he was a coward. The victim did not take the threat seriously.

7.At 9.30 that evening, the victim arrived at the amusement game centre and he there met a friend, a Mr Ko, who is PW2 in this case.

8.Two hours after they arrived at the amusement game centre, whilst the victim was playing inside the centre, two unknown males stood behind the victim and requested a chat outside. He refused to go with them, and the two males left.

9.The victim started to become concerned about the situation and he left with his friend, PW2, a short time later. When they left the centre, the victim noticed the defendant with 10 unknown males in the vicinity. The defendant pointed at the victim and said that it was him. The victim immediately fled and was chased by the unknown males.

10.A short distance from the game centre, the victim fell to the floor and was kicked and hit with fists by the unknown males for about one or two minutes. Some of the men picked up wooden stools and hit the victim over his head.

11.The victim was later taken to hospital and treated for a laceration on his forehead and scalp, with five and six stitches administered respectively on those wounds. The victim was discharged from hospital the same day.

12.On 27 April, the defendant was arrested and admitted, under caution, that the victim was her former boyfriend.

13.The defendant has a clear record. When she appeared before the court on the previous occasion, I adjourned the matter for reports.

14.I am told that the defendant is 19 years of age, and was educated to Form 4 level.

15.The report prepared about her disclosed that she has had an unfortunate life. Her parents split up, and her mother and father have each taken up with different partners. The separation occurred when the defendant was 5 years of age, and the accused was subsequently looked after by her paternal grandparents.

16.I am told the father stayed on the Mainland in China for work. The father remarried on the Mainland when the defendant was 11 years of age, in 2002.

17.The defendant lived with her mother in 2003, when she was in Form 1, and the mother remarried that year. She had disputes with her stepfather and was fond of seeking merriment outside in 2004 when her mother was pregnant.

18.Her behaviour further degenerated in 2005 and she often stayed away from home after midnight.

19.I am told that she completed Form 3 in 2006, but only worked casually for a couple of months in the following year.

20.She returned to study at Form 4 in 2007, but left after 3 months and then worked for a couple of months later.

21.In 2009, when she was 18 years of age, she worked as a nightclub hostess and then moved out to live with another girl in the Yau Ma Tei area.

22.The victim in this case is a former boyfriend with whom she had had an intimate relationship for 1½ years prior to the present offence.

23.She said that the victim had asked her for money repeatedly in the past and had beaten her, and after she left the victim earlier this year, he made use of the MSN password to intrude into her personal webpage to leave sexually abusive and insulting contents, and I was told that it was in those circumstances, out of anger, she sought help from others for revenge and committed the present offence.

24.I was told that whilst working in the nightclub, and even before that, she had started to take drugs. Whilst working in the nightclub, customers would supply cocaine to her free of charge.

25.I also have before me a report prepared by a case social worker, Mr Ho Kin-yan, and a supervisor of the centre, Tsoi Kam-wing. Their involvement with the defendant goes back a number of years, and they have kept in touch with the defendant throughout that period and have been most supportive. They have written a very supportive report about the defendant, and they consider that the defendant has the ability to work hard and to improve her situation.

26.I have also had a letter from the defendant, in which she says that whilst in custody, she has reflected on the many wrong things that she has done, and she said that she is concerned of the hurt that she has caused her parents who still care for her very much. She is very remorseful for what she has done and is determined to no longer work in the nightclubs. She intends to study when she leaves whatever, following any sentence I impose upon her, and she also apologises to the victim and asks forgiveness.

27.The report from the Commissioner for Correctional Services indicates that the defendant is suitable for detention in the rehabilitation centre or in a training centre, and that there are places available.

28.I have considered very carefully the circumstances of the offence.

29.Counsel has said, and the defendant repeats in her letter to the court, that the offence was committed impulsively.

30.However, that is not right.

31.She texted or she phoned the defendant on the day of the offence. Other people phoned to threaten the victim on the day of the offence. She taunted him about being a coward. She arranged for 10 people to wait outside the amusement game centre at 11.30 that night. He was chased and beaten. That is not impulsive behaviour; that is calculated.

32.I appreciate that she obviously did not understand how serious this offence was at the time she committed it, and that she now has had time to reflect on this matter.

33.The defendant has been mixing with very dangerous company. Nightclubs attract that sort of person. They are not interested in her as a person. They supply her with drugs. She should have nothing to do with people like that.

34.I have taken into account all the circumstances and the reports, and also particularly the report from the social worker, Mr Ho Kin-yan. I have decided in the circumstances that the rehabilitation centre is an appropriate sentence in this case.

35.Now, Miss Hung, this is your last chance. Involve yourself in something like this again; you will go to prison for a long time. Involve yourself in drugs; you will also go to prison for a long time. Make the best of this opportunity.