HKSAR v. Tu Xuzhi

DCCC 1102/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1102 OF 2013

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REASONS FOR SENTENCE

1.Tu Xuzhi you have pleaded guilty to one charge of theft of a diamond, contrary to section 9 of the Theft Ordinance, Chapter 210.

2.In summary on the 12 September last year together with male Deng Xiaobo you attended the Hong Kong Jewellery and Gem Fair held at the Asia World-Expo.  At about 12:30 the two of you approached the booth of Diamalt.  Mr Tugenfhart staff of Diamalt took some diamonds out of the showcase for Deng’s inspection whilst you walked around the booth.  After 4-5 minutes the two of you left.

3.Two minutes after you left Mr Tugenfhart discovered that a 6.08 carat diamond, valued at US$124,002 was missing from the showcase.  Mr Tugenfhart checked the CCTV which captured you taking something from the showcase when Mr Tugenfhart was greeting Deng.  Your identity was revealed after checking the registration records of the fair.  Travel movement records showed that you arrived in Hong Kong earlier that morning and left just over 30 minutes after stealing the diamond.

4.On the 28 September you were arrested when you arrived at the Hong Kong International Airport.  In a video recorded interview you admitted, inter alia, that Deng had called you on the 10 September and asked you to come to Hong Kong to steal jewellery; Deng made business cards for the purpose of registration at the fair; after registration Deng instructed you when to steal the diamond which you did when Deng distracted the staff of the booth; you left Hong Kong after stealing the diamond and Deng sold the diamond in the Mainland for RMB 220,000, half of which he gave to you. 

5.In passing sentence I have carefully considered everything said on your behalf by Mr Fu, including that you were not the one who planned the theft and that you fully co-operated with the police on arrest.   I take into account that you have no previous convictions in Hong Kong.  This however carries little weight where the offender has been in Hong Kong only hours before committing crime.  

6.This is a serious theft involving a diamond valued at almost HK$1 million which you stole at an international trade fair thereby harming the international reputation of Hong Kong.  Further you came specifically to Hong Kong to steal which is an aggravating feature of sentence.  A deterrent sentence is required to deter others from coming to Hong Kong to steal jewellery from international trade fairs.   

7.In HKSAR v Padilla Gerardo Gonzaga & others CACC 275/2011 the Court of Appeal said that a sentence of 4 years after trial was appropriate where a group of people came from the Philippines and stole a diamond valued at HK$251,682 from an international jewellery fair. 

8.Although that offence was committed by five persons the manner of the theft was similar by distracting the staff of the booth while someone else stole the diamond. The value of the diamond you stole however is much higher, almost HK$1 million, which has not been recovered.  I am satisfied in these circumstances the proper starting point after trial is 4 years and 6 months imprisonment.  Giving you full credit for your plea of guilty you are convicted and sentenced to 3 years imprisonment.