HKSAR v. CHAN HOI TAT

DCCC488/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 488 OF 2010

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HKSAR
v.
Chan Hoi-tat

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Before:

H H Judge Geiser

Date:

26 November 2010 at 10.47 am

Present:

Mr Haddon-Cave, Counsel on Fiat, for HKSAR
Mr James McGowan, instructed by Messrs Jimmie K S Wong & Partners, for the Defendant

Offence:

(1) Aiding, abetting, counselling and procuring the making of child pornography (協助、教唆、慫使及促致製作兒童色情物品)
(2)&(4) Criminal intimidation (刑事恐嚇)
(3)&(5) Indecent assault on another person (猥褻侵犯另一人)

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Reasons for Sentence

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1. Defendant, you have been convicted after trial of the five offences contained in the indictment, those being: one offence of aiding,abetting, counselling and procuring the making of child pornography, contrary to section 89 of the Criminal Procedure Ordinance, Cap. 221, and section 3(1) of the Prevention of Child Pornography Ordinance, Cap. 579 – that is Count 1; two offences of criminal intimidation, contrary to section 24(a)(ii) and 27 of the Crimes Ordinance, Cap. 200 – that is Counts 2 and 4; and two offences of indecent assault on another person, contrary to section 122(1) of the Crimes Ordinance, Cap. 200, Laws of Hong Kong – those are Counts 3 and 5.

2. The offences took place between 2003 and August 2005, when the age of the victim, Miss X, was between 12 and 14. These are wickedoffences indeed. You took advantage of this young girl. You preyed on her naivety by persuading her to take naked photographs ofherself by using her webcam on her computer and then sending them to you. You then arranged to meet her, threatening her that ifshe did not you would publish the photographs in the media and over the Internet, and also send them to her father’s office.

3. On the two occasions when you met her in 2004, when she was 13, and August 2005, when she was 14, you subjected her to humiliatingand sordid sexual assaults in order to satisfy your own sexual desire. At the time of the offences you were approximately twiceher age.

4. Your counsel is right; this is a spectacular fall from grace as far as you are concerned. You have a hitherto clear record, strongfamily support, a good and responsible job which you will now inevitably lose, and a young family who looks to you for financialsecurity. However, that being said, I find nothing that has been said on your behalf this morning to mitigate the seriousness ofthese offences.

5. It is apparent from the background report that you continue to deny these offences despite the most compelling evidence from MissX, who was forced to testify to these distressing events. You have shown no remorse whatsoever.

6. In sentencing you today, I take all that has been said on your behalf by way of mitigation.

7. On Count 1, you will be sentenced to 12 months’ imprisonment; on Count 2, 12 months’ imprisonment, which I order to run concurrentlywith Count 1; on Count 3, 2 years’ imprisonment, which is ordered to run consecutively to the sentence on Count 1; on Count 4, 12months’ imprisonment, which is ordered to run concurrently to the sentence on Count 1; and Count 5, 2 years’ imprisonment, whichis ordered to run consecutive to Counts 1 and 3; arriving at a total sentence of 5 years’ imprisonment.

H H Judge Geiser
District Judge

Application against both the convictions and the sentence dismissed. See CACC447/2010 dated 18 October 2011