HKSAR v. Lee Wai Ho

DCCC898/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 898 OF 2010

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to three offences of unlawful sexual intercourse with a girl under the age of 13 years, contrary to section 123 of the Crimes Ordinance, Chapter 200.

2.Those three offences occurred at your home at Hong Ming House, Wah Ming Estate, Fanling on unknown dates, on three dates between 9 January and 31 January 2010.  The girl had come to know you through a common friend.  At the time, you were aged 15 years and 8 months whilst the girl was aged 12 years and 10 months.  You started dating each other shortly after you met, and shortly after you met, you then also had sexual relations with her.  You had invited her to go to your house when no one else was present, and that is when these three offences were committed.  You had used condoms when you had sexual intercourse with her.  You knew the girl was 12 years old at the time you committed these offences.

3.You are now 16 years of age and are of clear record.  Prior to sentencing you, I called for the full range of reports, being probation officer’s report, community service order, detention centre, training centre and rehabilitation centre reports.  I have considered and read all the contents of those reports.  Your counsel, Mr Ching, has made very full and thorough mitigation on your behalf.  I have also taken into account the letters written by yourself, your mother, your elder sister, your elder brother, tutors and social worker.  They all speak very highly of you and, in a nutshell, say that you are not a naughty or bad boy but were just curious to sex at that time and, out of impulse, you had, with disregard to the illegality of the offence, committed these offences.

4.In summary, the reports itself also are fairly favourable reports.  You had quit school in July 2009, and thereafter although you had some employment, it was for a very short period of time.  In September this year, you enrolled for a course at the Construction Industry Council Training Academy for a printing, decorating and sign-writing programme.  This is a two-year course, and I am informed by your counsel today that if you should not be incarcerated, then the course and placement is still reserved for you to continue.

5.The probation officer’s opinion is that you seem to have had inadequate parental supervision as your parents needed to work throughout the day.  You do not appear to have gone astray although your academic performance was poor, but that was due to your lack of motivation. You have a keen interest in sport and break-dancing, and the social worker at the youth services centre had passed positive comments on your motivation and performance in joining voluntary services.

6.As you well know, these three offences are very serious offences as reflected by the punishment of one of life imprisonment.  There are no particular guidelines save the usual cases reported are those which involve much older men who meet these young girls on the Internet and then persuade them into committing these offences with them.  One matter which the courts do, however, take into account is the age difference between the offender and the victim.  The larger the age difference, the more serious the matter.

7.I take the facts of this case as one to be not as severe as the other cases that tend to be reported.  You were both fairly young and about two years apart.  You were introduced by a mutual friend and were eventually boyfriend and girlfriend though for a very short period of time.  You knew that the girl was 12, but lacking in control of your sexual impulses and inadequate thinking, you had sexual intercourse with her.

8.It appears to me now that you have had great reflection on your misdeeds and your vulnerable character and have indeed promised to maintain a more disciplined life and start paying more effort in your studies.  I will follow the recommendation of the probation officer.  In view of your remorseful attitude, your determination to be cautious in your behaviour and to lead a law-abiding life, your aspiration to pursue your studies as well as the support of your parents, I am prepared to pass a sentence upon you which you can be rehabilitated in an open setting. 

9.It must, however, be observed that this offence, as I said, is serious and I think that you should make some reparation for your wrongdoing.  I consider those reparations to be by performing unpaid service to the society.  I believe, Defendant, that your counsel, Mr Ching, has told me that you are agreeable - may I just confirm with you? - to provide, perform unpaid service.  Can you confirm that is correct?

DEFENDANT: Yes, I will.

10.Defendant, you are therefore sentenced to 180 hours of community service on each offence but they are to run concurrent to each other. 

(CSO and breach explained to and understood by defendant)

11.Defendant, I hope that you will perform satisfactory properly and adequately and that you will take this opportunity to turn anew, and as you said in your report, to concentrate on your studies, be law-abiding and to make yourself a better person.  Do you understand?

DEFENDANT: Understand.