HKSAR v. LI CHING KIT

DCCC978/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 978 OF 2011

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HKSAR
v.
Li Ching-kit

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Before: H H Judge Geiser

Date: 2 November 2011 at 10.04 am

Present: Mr Kwok Wing Lung, SPP of the Department of Justice, for HKSAR
Mr Simon Lau, of Messrs Lau & Ngan, assigned by the Director of Legal Aid, for the Defendant

Offence: Burglary (入屋犯法罪)

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Reasons for Sentence

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1. Defendant, you have pleaded guilty to a single charge of burglary contrary to Section 11(1)(b) and (4) of the Theft Ordinance Cap.210, Laws of Hong Kong, the particulars being that you on 15 May of this year entered the snack shop of the Chai Wan Kok CatholicPrimary School as a trespasser and stole HK$900.

2. The brief Summary of Facts which you have agreed are extremely straightforward and establish that it was in the very early hoursof 15 May that you walked past the school, climbed over the fence, entered the snack shop by pulling open a window and took a totalof $900 from the cash register and cupboard.

3. You are 20 years of age and have five previous convictions, the last of which was recently on 6 October of this year when you weresentenced to a detention centre for an offence of unlawful sexual intercourse. The prosecution have helpfully checked the detailsof that last conviction and confirmed to me that the present offence of burglary was not committed by yourself whilst you were onbail pending the procedures for unlawful sexual intercourse. Your counsel has also confirmed to me that restitution to the victimisedschool in the sum of $900 being the amount of cash stolen by yourself has been made.

4. I have a Detention Centre and Training Centre Report before me and a further period of disciplinary training in the form of a detentioncentre order has been recommended.

5. May I tell you that had you committed this offence whilst you were on bail pending the charge of unlawful sexual intercourse, Iwould have had no hesitation whatsoever in sending you to a training centre, but taking everything into account, including your pleaof guilty, I sentence you to a further period of training in a detention centre. I make a Detention Centre Order.

H H Judge Geiser
District Judge