HKSAR v. Zhao Desheng

DCCC 653/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 653 OF 2013

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Reasons for Sentence

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1.Defendant, you have pleaded guilty to two charges before this court. The 1st charge is that of robbery, contrary to section 10 of the Theft Ordinance. The 2nd charge is that of unlawful remaining in Hong Kong, contrary to section 38(1)(b) of the Immigration Ordinance.

2.On 28 May 2013, at about 9.20 pm, the victim of the robbery, a Madam Choi who was aged 57 was waiting alone at a public light bus stand at Wong Nai Chung Road in Happy Valley.  Whilst standing there you suddenly grabbed her from behind and used your right hand to cover her mouth, at the same time you snatched her iPad with force.  She tried to resist your snatching of it but failed.  During the struggle, she lost her balance, taking advantage of that, you then further snatched away her handbag.

3.She had many personal belongings in her handbag which are listed in the charge.  They were valued at about $14,000.

4.After snatching her belongings, you then fled.  She chased after you shouting, “Robbery!”  Quite fortunately, passers-by who were nearby heard Madam Choi screaming and saw you running away.  They therefore gave chase.  During the chase you disposed of Madam Choi’s property.  One of the passers-by picked up her property and quite fortuitously you were then subdued by other passers-by.

5.The robbery was immediately reported to the police and you were identified by Madam Choi as the person who had robbed her.

6.Upon arrest and caution, you admitted to committing this robbery.

7.You also admitted that you had sneaked into Hong Kong for the purposes of finding employment and that you had robbed Madam Choi of her handbag as you had no money for food.

8.Madam Choi was taken to hospital for medical treatment but discharged on the same day with medical findings of bruising on her upper lip, right thumb and left forearm.

9.As to the charge of unlawful remaining in Hong Kong, you had sneaked into Hong Kong on board a boat from Shenzhen on 17 May 2013.

10.Mr Billy Lau has made very detailed and thorough mitigation on your behalf.  He has very carefully and diligently prepared the mitigation which has been submitted to me in writing.  I have taken into account and I have considered all the contents. 

11.You are 42 years of age.  You have appeared once before in courts in Hong Kong which resulted in two previous convictions, one similar to unlawful remaining in Hong Kong, and one related to dishonesty which was theft.  In September 2010 you were sentenced to 15 months’ imprisonment.

12.You are married with two children, aged 8 and 7 years.  You are educated up to Primary 5. As regards your background, at the age of 28 you learnt to be a cook and had been in that profession for some time.  You had gone to Shenzhen for work.  In 2010 a friend introduced you to come to Hong Kong to work as a renovation worker, and that is when you committed the above offences.

13.After your discharge from prison in Hong Kong in May 2011, you returned to your hometown and worked on the farm.  You then had some work in Shenzhen.  However as a result of looking after your frail mother for some time you lost your job and became unemployed.  As you were unemployed, another friend of yours again told you to come to Hong Kong to work illegally.  So you decided to come to Hong Kong on 17 May. 

14.However it is your case that during the time you were in Hong Kong, you actually did not find any employment.  Worse still on 22 May you had your rucksack with your money and mobile phone stolen.  In a nutshell, as a result of you not having any money and being hungry, you resorted to committing this offence of robbery.

15.Mr Lau has referred me quite properly to cases in his submissions in respect of sentences of robbery and the well-known case of So Man King for unlawful remaining in Hong Kong.

16.There is no tariff for unarmed robbery.  But as I am sure you have been well advised, it is a very serious offence.  In the present case, the lady that you had robbed was fairly elderly, 57 years of age.  She was alone standing there waiting for a minibus as any other citizen would do.  You applied a little physical violence on her which resulted in injuries to her lips, thumb and forearm.  There course of violence used on her resulted in her losing her balance.  I have no doubt that this would have caused her extreme fright and would have become very scared from your actions. 

17.The courts have clearly laid down that this is a very serious offence which warrants deterrence.  It would not incorrect to impose a sentence of 4 years’ imprisonment had you been convicted after trial.

18.Defendant, I do consider that sentence to be appropriate in this present case of robbery.  Giving you full credit for your plea of guilty, that term shall be reduced to 2 years and 8 months’ imprisonment. 

19.For the unlawful remaining in Hong Kong charge 2, this is your second offence in Hong Kong.  However, despite it being your second offence, I would still consider a term of 15 months in prison to be appropriate. 

20.Given the overall totality of sentence that will be imposed, as Mr Lau correctly pointed out, the Court of Appeal have laid down time and time again that for illegal immigrants committing other offences together with the unlawful remaining charge those sentences should run consecutive to each other offence.  In those circumstances, the sentence on Charge 2 of 15 months’ imprisonment shall run wholly consecutive to Charge 1, making a total term of 47 months’ imprisonment or 3 years and 11 months’ imprisonment to which you shall be so sentenced.

Please refer to CACC314/2013 for the relevant appeal(s) to the Court of Appeal.