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DCCC1382/2024

HKSAR v Lee Kin Chi

中文

Case Details

Case ReferenceDCCC1382/2024
CourtDistrict Court 區域法院
Date Published2026-03-20
LanguageTraditional Chinese
NCN[2026] HKDC 234
Claimant / ApplicantHKSAR
Defendant / RespondentLee Kin Chi
JudgesDistrict Court Judge Yip Chor Man
Claimant CounselMr. Chow Ho Fung (Senior Prosecutor)
Defendant SolicitorsLo & Fung Solicitors

Judgment Summary

Facts

  • Defendant cohabited with victim (11yo) and ex-wife despite divorce
  • Offence occurred on 10 June 2024 in Tin Shui Wai
  • Defendant touched victim's chest and inserted finger into vagina
  • Victim's brother was present during the assault
  • Defendant arrested on 12 June 2024 and pleaded guilty

Issues

  • Appropriate sentencing starting point for indecent assault on child
  • Aggravating factor: Breach of trust by father figure
  • Mitigating factor: Timely guilty plea
  • Psychological assessment of defendant and victim

Outcome

  • Defendant sentenced to 20 months imprisonment
  • Starting point of 30 months adopted
  • One-third discount granted for guilty plea

Implication

  • Breach of trust is a significant aggravating factor
  • 30 months starting point applicable for digital penetration on children
  • Guilty plea typically warrants one-third sentence discount

Laws & Authorities Cited

  • §Crimes Ordinance (Cap. 200), s.122(1)
  • §HKSAR v Tsang Chiu Tak [2013] 1 HKLRD 422
  • §HKSAR v Y.H.M. [2019] 2 HKLRD 790