HKSAR v. CHIONG BERNARD LEOCARIO

HCCC165/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO. 165 OF 2010

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HKSAR
v
Chiong Bernard Leocario
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Before: DHCJ Andrew Chan

Date: 1 November 2010 at 3.41 pm

Present: Mr Giles Surman, on fiat, for HKSAR
Mr Wong Ting-kwong, Peter, instructed by Messrs Chiu, Szeto & Cheng, assigned by Director of Legal Aid, for the Accused

Offence: Rape (強姦)

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Transcript of the Audio Recording
of the Sentence in the above Case

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COURT: Mr Chiong, please stand. The jury have convicted you of raping your domestic helper.

You abused her trust in you, overpowered her, and forced yourself on her when she was helpless and at your mercy.

Your behaviour was simply appalling and disgraceful. At the time, your domestic helper was only 25. She left her husband and daughterbehind and came to Hong Kong to work, and she was here only just over one year.

As the Court of Appeal has pointed out, in the relationship of employer and domestic helper, it is often the case that the helperis in a particularly vulnerable position. The Court of Appeal is of the view that not only is the helper financially dependent onthe employer, the helper will be far away from her home country and her immediate family. The Court of Appeal views the preying ofsuch person particularly seriously.

In the course of the rape, no condom was used. No remorse was also shown.

Your case is similar to the one the Court of Appeal had to decide in HKSAR v Chan Tung Hing CACC219/2008. I do not see any reason why I should pass a different sentence.

For the offence you have committed, you are therefore sentenced to 8 years’ imprisonment.

Please refer to CACC402/2010 for the relevant appeal(s) to the Court of Appeal.