21-year-old jailed for five years for rape
Updated at 6.00pm:
A 21-year-old student has been jailed for five years for raping a waitress at a guesthouse last year, Apple Daily reported on Tuesday.
Dominic Tse Hoi-pan was found guilty of rape by a six-to-one majority verdict by jurors at the Court of First Instance on Monday, the newspaper reported.
The court heard Tse was introduced to the 25-year-old restaurant waitress, surnamed Wong, through friends. The meeting took place on October 6, 2005 at a Mongkok karaoke parlour.
Tse, an economics student at Canada?s Kingston College, had returned to Hong Kong on holiday.
Ms Wong told the court Tse volunteered to escort her from the karaoke parlour after she complained she was feeling drunk.
The court heard that a few hours later, Ms Wong awoke to find herself lying in a bed in the Mongkok guesthouse. She found Tse forcefully removing her pants. When she put up resistance, he put a pillow on her head, grabbed her neck and then raped her.
?He covered my mouth with a pillow and pressed his body onto me. I yelled for help,? Ms Wong told the court.
?While he was grabbing my neck, he raped me. All the things happened at the same time. I had no strength to put up any resistance,? Ms Wong said.
In sentencing Tse, Special Judge Recorder Gerard McCoy said his act was selfish and had traumatised Ms Wong, Apple Daily reported.
Recorder McCoy said Tse had a criminal record; three years ago he had beaten up a passer-by for staring at his girlfriend.
He also ordered that tape recordings of the trial be sent to the Department of Justice. This was to determine whether to prosecute a witness who had altered her testimony, Apple Daily reported.
The witness was a friend of Ms Wong, identified as B Nui. She had been granted immunity from prosecution throughout the trial.
B Nui, a nightclub worker, admitted in early hearings that she had received HK$5,000 for concealing that she saw Tse spike Ms Wong?s drinks in the karaoke parlour.
But during cross examination, she said she did not actually see Tse doing this and there was no evidence showing her receipt of HK$5,000.
Police forensic tests found no traces of semen on Ms Wong following the rape.
Tse?s lawyer had argued that Tse was feeling unwell that night and was physically incapable of having sexual intercourse.