DCCC 712/2024

[2025] HKDC 1539

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 712 OF 2024

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REASONS FOR SENTENCE

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1. Mr An pleaded guilty before me to one charge of Attempted unlawful sexual intercourse with a girl under the age of 13 years, contrary to section 123 of the Crimes Ordinance, Cap 200 , and section 159G of the Crimes Ordinance, Cap 200 .

2. Particulars are that he, on a day unknown between May 2023 and June 2023, at the disabled toilet, 1st Floor, Departure Hall, Lok Ma Chau Spur Line Control Point, Tun Yu Road, Lok Ma Chau, New Territories, in Hong Kong, attempted to have unlawful sexual intercourse with X, a girl under the age of 13 years.

Facts admitted by Mr An

3. At the material time, Mr An was aged 16, a Secondary 3 student; X was a girl aged 11 (born February 2012), a Primary 5 student. Both of them resided in the Mainland but attended adjacent schools in Hong Kong. They shuttled between Mainland and Hong Kong every school day.

4. Around November 2022 or December 2022 (when X was aged 10), they met each other on their way home after school and began dating soon after. They broke up in February 2023 but resumed dating in around April or May 2023.

5. In the morning of a day unknown between May and June 2023, Mr An gave X a condom as a gift. They met each other after school in MTR Sheung Shui Station and went to MTR Lok Ma Chau Station together.

6. At about 4 pm, Mr An took X to a disabled toilet on 1/F, Departure Hall, Lok Ma Chau Control Point. X sat on the toilet bowl at the request of Mr An. Mr An took from X’s schoolbag the said condom and put it on.

7. Mr An pulled down X’s underwear to her knees and lifted up her dress before he took off his pants and underwear. Mr An touched X’s vagina with his hand(s). Then, Mr An sat on the floor and X sat on top of him. Sexual interaction took place between them during which X put her hands around Mr An’s neck while Mr An pressed his hand(s) on X’s back. X felt pain around her private parts during the 10 minutes or so interaction. Afterwards, Mr An removed the condom and ejaculated into the toilet bowl. X then put on her underwear and left the toilet alone feeling upset.

8. Mr An was arrested on 8 December 2023.

Criminal record

9. Mr An has a clear record.

Antecedents

10. Mr An is aged 18 (16 at the time of the offence), receiving secondary education in Hong Kong, was a F3 student when he was arrested. Mr An is single and lives with his parents and younger sister in the Mainland.

Mitigation