HKSAR v. Wong Long Ki

DCCC323/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 323 OF 2011

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to a charge of conspiracy to commit criminal damage, contrary to sections 60(1), 159A and 159C of the Crimes Ordinance, Cap.200.

2.You admitted that you conspired together with one Yip Sing-yeung and Pack Wing-hang, who are the 1st and 4th defendants in the charge sheet, on 11 October 2010, and others unknown without lawful excuse to damage one front glass door at Gilt Chambers on the 8th Floor of Far East Finance Centre, No. 16 Harcourt Road, Admiralty, Hong Kong, intending to damage such property.

3.At about 1.35 pm that day, you went to the 8th floor to those practising barristers’ chambers and smashed the front door of the chambers with a hammer repeatedly.  The glass fell into pieces onto the floor.  You fled immediately afterwards.  The glass door was almost totally broken and the cost of the front glass door was $9,000.

4.CCTV had been installed at the entrance of the Far East Finance Centre, the lift lobby, inside the lifts and in the rear staircase.  There was footage that captured you.

5.You were arrested on 10 December 2010, some two months later and under caution you said, “Ah Sir, I was instructed by Hang Chai to carry out the task.  My hand was injured when I smashed the door.”

6.Mr Eric So Chi-kit of Messrs Ivan Tang & Co. mitigated fully and thoroughly on your behalf.  I have taken into account all that he has had to say prior to sentencing you.

7.You are 17 years of age and have four previous convictions.  Prior to sentencing you I called for the full range of reports, which included a Probation Report, Community Service Order Report, Detention Centre, Rehabilitation Centre and Training Centre Report.  Mr So has informed me that the contents of those reports have been read and explained to you and you agree and understand the contents.

8.In summary, Mr So has said that it is clear that from your past record you have not been a very law-abiding citizen despite your young age.  You, however, have changed in your ways since the sad sudden death of your father in June 2011, approximately a month ago.  That has been a turning point for you.  Your mother has seen that you have now become more responsible, and you yourself have become aware that you should be a law-abiding citizen.  You have also become aware that now you should look after your mother since your father is no longer with us. 

9.Mr So has accepted that the Probation Report, Community Service Order Report is not favourable to you as they do not recommend probation or community service as you have been placed on those orders previously, yet he has boldly in his own words and daringly asked me to place you on community service despite the unfavourable reports.

10.Defendant, it is correct that at the age of only 17 you have already four previous convictions.  They started in 2008, now almost some 3 years ago, first of assault occasioning actual bodily harm, further trafficking in dangerous drugs, smoking dangerous drugs, and another charge of assault occasioning actual bodily harm.  For those offences you were sentenced to 24 months’ probation, 200 hours of community service for the drugs offences and then a further 12 months’ probation on 17 December last year.  What is clear, however, is that this offence was committed I understand prior to the commission of that last offence to which you were sentenced in December.

11.You are the only child of your parents, your mother is a housewife and your father was a fireman.  It is said that they were very caring parents.  However, you were led astray and associated with undesirable peers.  You started to turn wayward, and despite your parents trying to provide you with correct guidance in your crucial stage of development, you ignored them and continued on your wayward ways.  They even took you out of the school that you were not doing well at and put you into a private school, and yet you still did not treasure that opportunity to turn anew.  It is very unfortunate that it is only as a result of the sudden death of your father that you have realised what caring and good parents they are and were, but I suppose, it is better late than never.

12.It is only a month or so since your father’s passing and Mr So has urged me to take into account the change in your lifestyle and in your responsibilities.  This might be so but I have to say that it is a very short time.  You have a lifetime ahead of you to prove that this is so.

13.Your waywardness has been continuing since you dropped out of school at about 15.  The lenient treatments do not prove to have had any effect on you mending your ways.  I have to admit that it is of surprise to me that despite these four chances given to you, you have not relished those chances.  Despite these chances you have continued to transgress the law.  Why did you transgress the law on this occasion?  You frankly admitted you did so because you were offered a large amount of money. You were hired by the 4th defendant, you say, to damage the chambers for a reward of $10,000.  That would have been inviting, as your mother in the reports said, as you had been unemployed for some time she was only giving you $40 a day. 

14.No doubt you have heard that any time that there is an offer to make quick or fast money, there is always or nearly always some illegality in it.

15.I am informed that you met the 1st and 4th defendants that morning in Mong Kok and they took you to Admiralty, briefed you on the location of the chambers and gave you the bag containing the hammer and a pair of gloves. You then did as you were instructed, went up, damaged the door and fled back down to meet and reunite with D4 nearby.

16.I am informed by the prosecution and the defence that you did not know the reason why you were damaging the chambers’ door.  You just did as was instructed by D4, whom I am told by you was your friend’s elder brother.  I am told that D4 was aged about 37, so a mature man compared to you, some 20 years older than you and you were abiding by his instructions.

17.Defendant, I accept that you are remorseful for your misdeeds.  You indicated to the court at the very first opportunity that you were going to plead guilty. It appears from your letter and the contents of the reports that you are remorseful for your misdeeds, more so now I believe because you have lost your father in this very sad time.

18.Defendant, the Probation officer says that you are not suitable for probation or community service.  As I have stated earlier, that is because despite the many opportunities given to you for probation and community service you have not given up your reckless life. 

19.I cannot disagree with the Probation officer. In order to help you develop more insight into your problems and strengthen your law-abiding mindset, I am of the view that a period of disciplinary training coupled with statutory supervision would be most beneficial to you. 

20.I will follow the recommendation of the officer at the Pik UK Correctional Institution for the Commissioner of Correctional Services and I order you to serve detention in a Detention Centre.

21.I am informed that you have agreed to pay compensation for the door.  I make an order for compensation to be paid to the company SIS (Hong Kong) Limited, so compensation of $9,000 to be paid by the defendant to SIS (Hong Kong) Limited, and $5,000 of the defendant’s bail be deducted as part of compensation and the balance to be paid today.