HKSAR v. Tse Bong Ming

DCCC488/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 488 OF 2011

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

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

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

Reasons for Sentence

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

1.You have pleaded guilty to a single charge of burglary, contrary to section 11(1)(b) and (4) of the Theft Ordinance, Cap.210, Laws of Hong Kong, the particulars being that you on 25 July of last year burgled domestic premises at Dynasty Heights and stole cash amounting to some $50,000 and gold ornaments.

2.The brief facts which you have admitted indicate that at about 2150 hours on the day in question the occupier of the premises returned home but did not notice any irregularity.  The following day, however she noticed that there were some empty red packets in the garden and the kitchen window has been tampered with.  She subsequently discovered that some property had gone missing from a drawer in the bedroom, namely the cash of about $50,000 and the gold ornaments.

3.The police arrived at the scene and lifted nine fingerprints, eight of which matched your fingerprints.  You were in fact arrested on 27 July 2010 for illegally remaining in Hong Kong and on 29 July, you were sentenced to a term of 18 months’ imprisonment in respect of that offence.

4.However, for some reason which has not been explained to me satisfactorily, you were not arrested  in respect of this offence until 24 December 2010 when you were interviewed in  prison, I assume, and under caution admitted the offence.

5.You are, I understand, due to be released from prison in relation to the sentence that you are presently serving for illegally remaining in Hong Kong on 27 July of this year.

6.This is not the first time that you have come to Hong Kong for the purposes of committing crime.  Indeed, I note that in 2003 you were convicted of illegally remaining in Hong Kong and going equipped for stealing.

7.Again, in November 2004, you were sentenced to 32 months’ imprisonment for an offence of aggravated burglary.  On that occasion you were sentenced to a further period of 13 months’ imprisonment for illegally remaining in Hong Kong.

8.The normal starting point for burglaries of domestic premises is one of 3 years’ imprisonment.  However, I find your history of coming to Hong Kong in order to commit serious offences such as burglary to be an aggravating feature.  I therefore will enhance my starting point by 9 months to one of 3 years and 9 months’ imprisonment.  I will discount this sentence by one-third to reflect your plea of guilty, coming to 30 months’ imprisonment.

9.Since you are currently serving a sentence of 18 months’ imprisonment but due to be released on 27 July of this year, to reflect the question of totality of sentence, the best I can do is to order that one month of the sentence of 30 months is to be served concurrently with your present sentence, the balance to be served consecutively.