HKSAR V CHONG CHING YUET

HCCC 98/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CRIMINAL CASE NO 98 OF 2011

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HKSAR
v
Chong Ching-yuet
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Before: The Honourable Mrs Justice V Bokhary

Date: 22 April 2013 at 2.43 pm

Present: Ms Grace Chan, SPP of the Department of Justice, for HKSAR
Mr Selwyn So, instructed by the Legal Aid Department, for the accused

Offence: Infanticide (殺嬰)

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Transcript of the Audio Recording

of the Sentence in the above Case

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COURT: Accused, your original offence was the tragic offence of infanticide. Out of that tragedy, the best result which could be hopedfor was a successful period of probation. So I put you on probation.

The probation order which I made included conditions which you had to comply with. Unless those conditions were complied with, thesupervision which is an essential part of probation could not take place.

Unfortunately, you have not complied with those conditions. You, having breached the terms of the probation which I put you on, havebeen brought back to court to be dealt with for your original offence.

Hoping that there might still be prospects of successful probation, I sent for a further probation report. That report does not recommenda further probation order. What it disclosed holds out no prospects of probation proving successful.

Your counsel submits that I could make a further probation order even though that is not recommended, but he sensibly recognises thatthe best thing for you, for the baby you are carrying, you having become pregnant again, and for society is a term of imprisonmentof such duration that, taking into account the time you have already spent in custody, will result in your release soon after youhave given birth with the help of the medical facilities provided in prison, and for you to arrange for the baby’s care by others,which is what you have indicated you intend, before you come out and have to fend for yourself.

That, your counsel said, could be achieved by a prison term of 24 months.

All things considered, I sentence you to 24 months’ imprisonment. That will vindicate the law and also do what seems best for youand the baby you are carrying.