HKSAR v. Tang Wai Lok and Others

HCCC326/2011 &
HCCC327/2011
(heard together)

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 326 OF 2011 & 327 OF 2011

(HEARD TOGETHER)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: The young lady who was the victim was aged 13 years and 4 months at the time of the incident. She had dated D2 for a few days but broke off with him after she learned that he was seeing someone else. She also came to know D1 at a community centre.

In the early morning on the day in question, she was contacted over the phone and informed that D2 was drunk. She met up with them and was taken to D1’s flat. She was indecent assaulted by both of them and D2 assisted D1 in pinning her down, overpowering and raping her.

D1 pleaded guilty to one charge of rape and one charge of indecent assault and a jury convicted D2 of one charge of rape and one charge of indecent assault after trial.

D1, from the reports and your counsel’s litigation, I am told that you are now aged 17 and have a clear record. You expressed verbal regrets of your misdeed committed by you out of your playfulness and influence of alcohol. However, you tried to minimise your role by asserting the victim only changed her mind halfway. A clinical psychologist’s view is that you have little insight into your sexual problems.

D2, whilst you are now aged 17, you already have three previous convictions and have been sentenced to detention centre. The present offence was committed whilst on bail. You did not seem to have learned from the previous incarceration and continued with your wayward life.

Both of your behaviour in committing the present offences was simply appalling and disgraceful. It was something more than momentary loss of control that led both of you to go too far. The evidence reveals an element of criminal calculation and premeditation to a certain extent.

D2, you exploited the residual feelings or liking that the victim still had for you and helped D1 to overpower and forced himself on her when she was helpless and at your mercy. Given the circumstances, that the two of you are both involved and the fact that the victim was underage, I judge that a sentence of 6 years is called for after trial for the rape charge and 9 months’ imprisonment for the indecent assault.

Whilst D2 was not the one who actually physically raped the victim, I am of the view that the same if not more culpability is involved. Although detention centre and training centres are recommended for both of you, I do not consider that appropriate for the circumstances of the present case, even though I am aware that courts usually have the rehabilitation of young offenders in the forefront of their mind when it comes to sentencing.

D2, you are convicted after trial and that is the sentence I pass, 6 years’ imprisonment for the rape charge and 9 months’ imprisonment for the indecent assault, to run concurrently.

D1, you are entitled to the one‑third discount for your early plea of guilty and I shall further knock off 6 months for the rape charge by sparing the victim testifying against you. You go to prison for 3½ years for the rape charge and 6 months for the indecent assault charge, to run concurrently.