“ I have taken into account the matters that were put before me in mitigation for these defendants. Some because of their ages or because they were privy to the arrangements at an earlier stage or to a greater degree than others can be considered more blameworthy than others. I accept that all the defendants who pleaded guilty are entitled to one-third discount for their plea, but having considered the mitigation advanced, I am of the view that no mitigation other than the plea of guilty is really available to them. ”

“ All the defendants say that they left the scene immediately after the fluid was thrown, although it appears that the 3rd defendant in this case on the amended indictment may have left later, because he said he had gone to sleep while waiting at his post as a lookout.
This was a cold-blooded, calculated attack by a number of men, all of whom were strangers to the target. There was a specific intent to injure the victim and to ensure that he was incapacitated so as not to be able to carry out his duties as a prosecutor. ”

“ Such attacks are usually well planned and calculated. The perpetrators rarely have any personal connection with or knowledge of the victim apart from what they learn in preparing for the attack. This present case comes under the second type.
There is also now a third scenario which occurs where a person who may or may not be mentally disturbed tries to damage as many people as possible by indiscriminate throwing of large quantities of corrosive substance, for example, from a roof or balcony, with the aim of injuring as many people as possible. ”

“ The attack appears to have been against the victim in his role as prosecutor rather than because of any personal connection with any of these defendants, and it was intended that he should be injured sufficiently to prevent his continuing with the prosecution.
The corrosive fluid chosen was sulphuric acid mixed with a paint additive, and analysis by the Government Chemist confirms just how harmful it could be to the human body. The victim suffered pain and damage to his eyes and the skin of his face. ”

“ That defendant had a personality disorder, but was neither mentally ill, nor insane. He knew what he was doing, and he was ultimately sentenced to 13 years’ imprisonment on a plea of guilty.
A number of cases was considered in the course of those reasons being set out. Again, they are of limited use in the second type of case which is what I am now dealing with, but it is helpful to have an overview of cases relevant to the third scenario, which is likely to become more common, and some principles are, in any event, of general application. ”

“ The second type of offence is particularly vicious because it is carried out in cold blood with a motive of revenge or punishment, or to enforce a threat, or to ensure the removal of a person who is seen as a blockage or an encumbrance. Such attacks are in the nature of commercial arrangements carried out by a person or persons who are recruited and are paid for doing so. ”

“ The only way is by deterrent sentences that adequately mark the public’s revulsion of such depraved behaviour and are a sufficient deterrent to other young gangsters who may be ordered by their seniors to do such a thing. ”

“ A second man was seen to throw a dark-coloured liquid at the target after the first throw, and the 1st defendant ran from the scene in the direction of the Wanchai Fire Station, and took a taxi home.
The first defendant’s Antecedents Statement shows that he is aged 21. He was born in China and came to Hong Kong in 1997. He completed lower secondary level education. After leaving school he worked as a construction site worker, a waiter, and a casual worker. At the time of his arrest he was unemployed. He is single and lives with his parents, two elder brothers and an elder sister. ”

“ The liquid was blackish in colour and had a strong smell. The 1st defendant believed that other members of the group were going to use corrosive fluid in the attack. Eventually, he saw an expatriate man being followed by “Ah Ki”, who identified that man as the target.
The target left the lift lobby of the court, and D1 was walking directly behind him. Soon after that, the 1st defendant saw another man throw fluid from a paper cup at the target. He became scared and ran away. ”

“ This is the least common scenario, but in some ways very much more damaging because large numbers of people may be affected, and it is very difficult to guard against it or to trace the perpetrators because of the random nature of the attack. ”

“ On 11 March 2011, while submissions were being made on a preliminary issue, all counsel sought an adjournment, and subsequently, on Monday, 14 March 2011, I was advised that D1, D3 and D4 wished to change their pleas. Those defendants did so, with the result that all three pleaded to the 1st charge of conspiracy to throw corrosive fluid with an intent to cause serious bodily harm. ”