HKSAR V Wong Kwan Ki

DCCC 1035/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1035 OF 2013

____________

____________

REASONS FOR SENTENCE

1.Wong Kwan Ki you have pleaded guilty to two charges of theft, contrary to section 9 of the Theft Ordinance, Chapter 210 (charges 1 & 3); one charge of taking a conveyance without authority, contrary to section 14(1) of the Theft Ordinance (charge 2); one charge of using a motor vehicle without third party insurance, contrary to section 4 of the Motor Vehicles Insurance (Third Party Risks) Ordinance, Chapter 272 (charge 4); and one charge of using a false instrument, contrary to section 73 of the Crimes Ordinance, Chapter 200 (charge 5).

2.In summary on the 3 May this year you were arrested when driving a taxi displaying registration number LY 8834.  When the police asked you to print out a fare from the taximeter the registration number on the receipt was KB 6037.  The vehicle licence displayed on the front windscreen was a copy. 

3.Under caution you admitted you stole the taxi in February 2013; that you had made a copy of the vehicle licence from a friend’s taxi and that you had no third party insurance. 

4.Police enquiries revealed that the chassis of the taxi belonged to registration number KD 3742 which was stolen in Sai Wan Ho in August 2009.  On the 29 January 2012 taxi KB 6037 was found missing and when located the next day various items had been stolen from the taxi including the taximeter used by you to print out the receipt.  In April 2013 you were allowed by the driver who rented LY 8834 to drive that taxi allegedly to pick something up. 

5.In a subsequent video interview you admitted stealing taxi KD 3742 in Sai Wan Ho 3-4 years earlier and explained that on arrest you lied about when you stole the taxi in order to cover up the long period you had been using the taxi.  Also to cover up the theft you used copies of vehicle licences of other taxis and made registration number plates to match the copy vehicle licence.  When the vehicle licence expired you would copy another vehicle licence and change the registration number plates. 

6.You further admitted driving away taxi KB 6037 after which you removed the taximeter and other items from the taxi and that you copied the vehicle licence of LY 8834 without the driver’s knowledge.

7.In passing sentence I take into account everything said on your behalf by Mr Lam including that you sponsor a child through World Vision.  I note you have one previous conviction for theft for which you were sentenced to 6 months imprisonment on the 4 November 2008.  You were released from prison on the 23 May 2009 and within three months stole taxi KD 3742. 

8.There are no guidelines for theft of vehicles, each case depending entirely on its own facts.  I have carefully considered the cases submitted by Mr Lam.  In HKSAR v Lam Yui Yiu CACC 373/2006 the appellant dishonestly received a stolen taxi, which was fitted with false plates to match the vehicle licence which had also been stolen.  The Court of Appeal in upholding a sentence of 4 years after trial noted that the offence had been well prepared and planned; the taxi had been stolen so that it could be used as a regular taxi plying for hire on public streets without insurance thereby posing potential danger to the public; and that the appellant would be able to avoid detection for any traffic offence as there would be a genuine taxi bearing the same registration number plate. 

9.Taking into account that you also stole the taxi KD 3742 to use as a taxi without insurance and with the use of false plates I am satisfied the proper starting point after trial for the theft of the taxi is also 4 years imprisonment.  I am satisfied the proper starting point after trial for taking the taxi KB 6037 without authority and stealing the taximeter and other items from the taxi is 12 months on each charge; for using a vehicle without insurance also 12 months imprisonment (see HKSAR v Tsang Kwun Wing CACC 89/2004 cited by Mr Lam) and for using a false instrument, namely the copy vehicle licence, is 9 months imprisonment.

Totality

10.Giving you full credit for your pleas of guilty the sentences are reduced to 2 years and 8 months; 8 months; and 6 months respectively.  Mr Lam submits that all offences are inter-related.  Whilst charges 2-5 all arise from the stealing of the taxi in 2009 in my view the commission of further offences in 2012 and 2013 increase your overall culpability.  To be noted is that in Lam Yui Yiu the appellant was driving the taxi for only 3 weeks whereas here you drove the taxi for over 3 years and 9 months much longer than in any of the cases cited by Mr Lam.  I am satisfied an overall starting point of 4 years and 6 months imprisonment resulting after plea in a sentence of 3 years imprisonment properly reflects your criminality on the five charges.

Sentence

11.You are convicted and sentenced as follows:

CHARGE 1 – 2 YEARS AND 8 MONTHS IMPRISONMENT; CHARGES 2 & 3 – 8 MONTHS IMPRISONMENT CONCURRENT WITH 2 MONTHS CONSECUTIVE AND 6 MONTHS CONCURRENT TO CHARGE 1; CHARGE 4 – 8 MONTHS IMPRISONMENT WITH 2 MONTHS CONSECUTIVE AND 6 MONTHS CONCURRENT TO CHARGES 1, 2 & 3; CHARGE 5 – 6 MONTHS IMPRISONMENT CONCURRENT TO CHARGES 1, 2, 3 & 4;

TOTAL SENTENCE TO BE SERVED IS 3 YEARS IMPRISONMENT

DISQUALIFICATION

12.By virtue of section 69(1)(c) of the Road Traffic Ordinance, Chapter 374 the court has a discretion whether to order disqualification where a person is convicted of stealing a vehicle.  Unless the court finds special reasons there is mandatory disqualification for using a vehicle without third party insurance of not less than 12 months.  There are no special reasons in this case.

13.In my view driving a taxi without insurance thereby putting all passengers and other road users at risk places this in the most serious category, in particular considering that the driving lasted over 3 years and 9 months.  The disqualification must have some effect after the term of imprisonment has been served (see the observations of the Court of Appeal in Secretary for Justice v Hung Ling Kwok [2010] 4 HKLRD 365 in respect of dangerous driving causing death). 

14.Taking into account you have been a taxi driver for many years and therefore without a licence may not be able to work immediately on discharge from prison and that the offences before the court do not relate to the manner of your driving I am satisfied in the circumstances a period of 3 years disqualification is appropriate.  You are disqualified from holding or obtaining a driving licence for all classes of vehicles on charges 1 & 4 for a period of 3 years with both periods of disqualification to run from today.