Hksar v Mok Chi Ho

Court:High Court (Hong Kong)
Judgement Number:HCMA999/2003
Judgment Date:03 Dec 2003
HCMA000999/2003 HKSAR v. MOK CHI HO

HCMA000999/2003

HCMA999/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 999 OF 2003

(ON APPEAL FROM EJ 100062 OF 2003)

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BETWEEN
HKSAR Respondent
AND
MOK CHI HO Appellant

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Coram: Hon Jackson J in Court

Date of Hearing: 3 December 2003

Date of Judgment: 3 December 2003

Date of Handing Down Reasons: 8 December 2003

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J U D G M E N T

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1. On 3 December I dismissed this appeal and stated that I would hand down my reasons later. These are my reasons.

2. On 1 August 2003 the appellant, who is now aged 16 and who was legally represented at the time, pleaded guilty at Eastern Magistrates Court to two offences of indecent conduct towards children under the age of 16, contrary to section 146(1) of the Crimes Ordinance, Cap. 200. The child in each case was aged 13 and in a Boys' Home with the appellant, and the allegation in each case was that the appellant used threatening or bullying behaviour in commission of the offence. Following upon his pleas of guilty the appellant admitted such and I see no need to go into the nature of the indecent conduct beyond saying that it was not of the worst kind.

3. On 13 August 2003, the appellant was placed on probation for those offences for a period of 18 months and, on 28 August, he was found to be in breach of that order. Numerous reports were called for and, on 25 September, the appellant was sent to a detention center for the original offences. That sentence was reviewed and confirmed on 9 October 2003.

4. In his written grounds of appeal the appellant said this :

"I am not guilty of the offence. My sentence was too severe."

Upon my enquiry of him he told me that he was misled by his lawyer on 1 August into pleading guilty and to admitting the summary of facts and that he was not guilty of the offences. He was unable to tell me how it was that he had been misled.

5. In her most helpful Statement of Findings the Magistrate who imposed the Detention Centre Order, says (among other things) this :

"[The probation order imposed by a magistrate imposed the following] conditions :

a. that he shall reside at the Sha Tin Boys Home for a period of nine months with...

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