HKSAR v. Lee Kin Pui and Others

DCCC 428/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 428 OF 2013

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Reasons for Sentence

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1.You were convicted on the 7th October of two wounding charges and two common-assault charges. You were convicted after trial. After trial, because of your young age, all three of you, your age as well as previous clear records, I called for a range of reports.

2.Now, 2nd Defendant, you are already on probation.  That was a probation order imposed after the commission of these offences. 

3.I called for a full range of reports, but I omitted for certain defendants drug addiction treatment centre reports, for the 1st and the 3rd defendant.  I only got such a report for the 2nd defendant.  And when the report came back on the previous occasion, clearly, there was a drug issue with the 1st and the 3rd defendant, and so I adjourned for further reports to today.  I do not intend to repeat the contents of all those reports nor do I intend to repeat the facts of this case.  I gave a very full verdict.

4.Luckily, although the 1st and 2nd defendant’s victims received injuries that can be described as serious, they were not life‑threatening nor long-term.  What has transpired as a result of this adjournment for these reports is that a social worker has become more involved with the defendants, and more importantly, your parents who have always cared but are now even more aware that there are problems with your lifestyles, and it is not too late to correct these problems. You should count and rely on the support of your parents. 

5.You have all been in remand for a month, and I am sure you now understand what it is like to lose your freedom, and I am sure you do not want and I hope you do not want to return.   

6.Having read all the reports again this morning and seen the most updated reports, I intend to deal with all three of you by way of a probation order.  You must be aware that for the 1st defendant, the option would have been either probation or drug addiction treatment centre.  The 2nd defendant, it was either a probation order or a detention centre order.  3rd defendant, it was either a probation order or a drug addiction treatment centre order. 

7.I want you to remember this because if you breach any conditions of the probation order I will impose, the other option will kick in.  If you breach any condition, the probation officer will bring you back to court.  The court has the power to re‑sentence you.  If the 1st and 3rd defendant, you still have a drug problem, you will go to drug addiction treatment centre.  If you do not, it will be either detention centre or training centre.  The 2nd defendant, it would most likely be detention centre.  So you have to bear this in mind throughout the entire period you are on probation.

8.The probation order is a punishment but it is also there to help you, and I hope you treasure this chance because there will only be one chance. 

9.The 1st defendant, for all four charges, I will sentence you to a 24-month probation.  All four charges will be served concurrently.  That is a total of 24 months’ probation.  These are the conditions that you have to comply with: firstly, that you complete the full voluntary residential drug withdrawal treatment programme.  That programme has been arranged at the Au Tau Youth Centre.  That has been arranged already.  You cannot leave until you are given permission to leave.  If you leave before you complete the full programme, that is a breach of your probation.  Secondly, you will abstain from all dangerous drugs.  Thirdly, you will submit to random urine tests as required.  Fourthly, you will be of good behaviour and keep the peace in this period.  Fifth, you will work and reside as directed by the probation officer.  That will include studying.  Sixth, you will keep in touch with the probation officer.  Seventh, you will inform the probation officer at once of any change of residence or employment.  The eighth condition is if he or she imposes a curfew, you will have to observe it. Ninth, you will sever association with undesirable peers and obey reasonable directions from your probation officer regarding associating with certain persons.  Lastly, you will participate in such group or programme for rehabilitation as directed by the probation officer.  Do you understand all those conditions?

1ST DEFENDANT: Understood.

10.2nd Defendant, likewise, you will serve a probation order.  The length of your probation order is 18 months.  It has a residential requirement.  This probation order will apply to all four charges and all four charges will be served concurrently.  So your total probation is 18 months.  The conditions are as follows that you will attend and complete not less than 12 months’ residential training programme as directed.  As I have heard this morning, it has been arranged that you will reside at St Stephen’s Society.  Secondly, you will work and reside as directed by the probation officer.  Thirdly, you will obey reasonable guidance regarding peer association.  Do you understand those conditions?

2ND DEFENDANT: Understood.

11.3rd Defendant, you will for all four charges serve an 18‑month probation order.  All four charges will be served concurrently.  The total probation period is 18 months.  Conditions are as follows that you shall study, work and reside as directed by your probation officer.  Secondly, you will remain at home, place of residence, from 11 pm until 6 am every night unless accompanied by either of your parents or with the prior approval of the probation officer.  And be warned the probation officer will check not only by telephone but by personal visits.  Understand?

3RD DEFENDANT: Understood.

12.Thirdly, you will abstain from any dangerous drugs.  Fourthly, you will subject yourself to random urine tests if required. I am going to add two conditions to this probation order report.  Fifthly, if the probation officer deems it necessary, you will attend any drug addiction treatment, and that could include residential treatment.  Lastly, you will participate in such group or programmes for rehabilitation as directed by your probation officer.  Do you understand those conditions?

3RD DEFENDANT: Understood.

13.Right.  I have made a note here that I have given you all a warning that if you breach any one of those conditions, the probation officer will bring you back before the court and you will be re-sentenced.  Understand?

INTERPRETER: All understand.