An offender's youth did not exempt him from a life behind bars, the Court of Appeal ruled yesterday in reaffirming life sentences on a gang of young murderers.
But in clarifying the court's position on imposing life sentences on young offenders, Mr Justice Frank Stock reduced their minimum jail terms, saying those originally imposed were manifestly excessive.
The defendants appealing against their sentences were Hui Chi-wai, 22, Ng Ming-chun, 20, Chan Tak-ming, 19, Wong Kam-po, 17, and Fu Hin-chun, 20.
They were part of a gang found guilty in January 1999 of the murder of Luk Chi-wai. Luk was 15 when he was beaten and tortured over three hours by the gang on May 14, 1997.
Luk was being punished for having told a mentally retarded man, who was a victim of bullying by some of the gang's leaders, to go to police. His body was never found as his corpse was stuffed into bags and burned. The crime emerged only after police questioned the retarded man.
Mr Justice Stock yesterday described the murder as a 'cruel and particularly vicious escapade of torture' during which the victim's pleas and suffering were 'callously ignored in an attack with triad overtones'. He said it was against this background that the youths' sentences had to be considered.
Defence counsel Duncan Percy had said that Mr Justice Michael Wong Kin-chow should have imposed fixed terms for his clients, Hui, Fu and Chan. He also argued the minimum term of 25 years for Chan and 30 for Hui and Fu was excessive. Ng's counsel, Munira Moosdeen, also adopted the argument. Mr Percy argued under the Offences Against a Person Ordinance, a sentencing judge had to consider whether an offender would be a danger to society in deciding whether to impose a life sentence or a definite term. He said reports tendered to the court showed his clients were no danger to society.