HKSAR v. Ng Chun Pang

DCCC 760/2012

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 760 OF 2012

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Reasons for Sentence

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1.I have before me today further reports. The Young Offender Assessment Panel is of the view that because of your age, remorse and background, a reformatory school programme would be appropriate and suitable.

2.Another reason for considering that suitable is because you have not responded well to probation.  You are still very young. Unfortunately, you have got involved with a crowd of juveniles who have led you astray, and your father could not exercise any control over you.  Your mother is in China and, sadly, during the course of this trial, your father passed away.  So you do not have any immediate family but you do have an uncle who will watch over you.  However, he cannot be expected to replace your father and I think it is time that there is some social welfare intervention to make sure that you get back on the right path.

3.You know from previous reports that you were deemed to be mentally and physically fit for rehabilitation centre or training centre.  However, I am now of the view and I agree with the panel that reformatory school with a period of disciplinary training will be the right way forward. So despite the seriousness of this offence, I am going to consider a reformatory school order and I hope that you will benefit from a period in this school.  I hope you realise that if you reacquaint yourself with bad peers when you leave this reformatory school, you will soon appear before a court again, and if that happens, you will not be given any more chances.

4.You also have to understand that reformatory school will have rules and regulations that you will have to learn to comply with, and if you breach those rules and regulations or they find you disruptive in school, they will bring you back before the courts and the court will have the power to discharge that order and re-sentence you.  And if I have to re-sentence you again because of bad behaviour, it would very likely be a training centre order.  Do you understand?

DEFENDANT: Understood.

5.The present probation order you are serving I am now going to discharge.  For this offence, you are formally sentenced to a reformatory school order.