HKSAR v. SOO CHEE KHUAN

DCCC1/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1 OF 2011

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Reasons for Sentence

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1.  The defendant pleaded guilty to two charges of using a false instrument. Those charges relate to his use of a forged American Express Card and a forged Diners International Card. When he was arrested the defendant was found to be in possession of three further forged credit cards.

2.  He was also found to be in possession of a forged travel document, namely a Republic of Singapore passport in the name of Lee Kok-en which was the same name that was on the forged credit cards. 

3.  The facts admitted by the defendant disclose that shortly after 6 pm on 29 October 2010 he went into a shop in Ocean Centre in Canton Road, Tsim Sha Tsui.  He purchased two Sony notebook computers using a forged American Express card in the name of Lee Kok-en and the value of the computers was $45,960. 

4.  About an hour later the defendant went into Louis Vuitton shop in Ocean Centre and this time presented a forged Diners Club card, again in the name of Lee Kok-en for payment of a handbag, a leather belt and a wallet worth $15,200.  The saleslady in that shop, a Miss Wan, who is to be commended for her diligence, was suspicious of the card and verified some information with the card centre.  It became apparent to her that the card was forged and the matter was reported to the police. 

5.  The saleslady, Miss Wan, told the defendant the transaction was unsuccessful and he then left the location by the main entrance.  He was intercepted by a police officer outside the store.  The officer asked him to produce his identity and the defendant produced a forged Singapore passport in the name of Lee Kok-en.  At that stage the defendant pushed the officer away and tried to escape but was later arrested and subdued by the officer. 

6.  The defendant was found not only in possession of the two forged credit cards that he had already used but a further Diners Club card and a further American Express card and a Standard Chartered VISA card all in the name of Lee Kok-en and all of which were forged.  He was also found in possession of a Malaysian identity card in his own name. 

7.  He was frank with the police when he was questioned by them.  He told the police that he is a Malaysian Chinese and told them his correct name.  He frankly told the officer that the passport in his possession was forged as were the five credit cards.  He said that his wife was pregnant and had decided to agree to join the syndicate to earn quick money. 

8.  He was later interviewed at the police station and told them that a friend of his in Malaysia had introduced him to another friend and requested that the defendant provide his name and he would arrange for a job for the defendant.  He was told to get an air ticket from Malaysia to Macau and the defendant was told to take a ferry to Hong Kong after his arrival in Macau.  He was also told that in Hong Kong another person would arrange a job for him.

9.  In pursuance to that suggestion the defendant took a flight from Malaysia to Macau on the morning of the offence and then took a ferry arriving in Hong Kong at about 2 o’clock the same day.  He used his Malaysian passport to enter Hong Kong. 

10.  Upon arrival in Hong Kong, this unknown third person approached the defendant and asked him to leave his original passport with him whilst he gave the forged passport and forged identity card to the defendant.  He was told to use the cards for shopping and he would receive 30 per cent of the total purchase price as reward. 

11.  The defendant has a clear record.  I am told that he is 31 years of age.  He is a married man and his wife who was pregnant at the time of the offence has now given birth to a baby girl who is four to five months old.  I am told he had worked for most of his life as a pipe worker and a supervisor in a factory producing pipes, and more recently as an advertising light-box designer.  His parents are deceased and he has a maternal grandmother aged 75. 

12.  In mitigation I was told that as offences of this type go, this was not of the most serious kind and the forgery of the Diners Club card was spotted by the saleslady in Louis Vuitton.  I was told that he committed the offence single-handedly and had never done it before and this was his first time in Hong Kong.  I was told that he had only left Malaysia three times previously.

13.  The offences to which the defendant has pleaded guilty are obviously very serious.  He was part of an international syndicate and tickets were provided for him to come to the Macau then for him to come into Hong Kong.  He was provided with a forged passport with his photograph and five forged credit cards. 

14.  I am told that one of the computers in the 1st charge has been recovered so the total loss was just in excess of $20,000. However, the courts have got to look not at the actual loss but at the potential loss that could be incurred in offences of this type.  Both the Charges 1 and 2 were committed in Ocean Centre.  This is where luxury or high-value items are sold and clearly the message has got to go out that people who come to Hong Kong to commit these types of offences will be dealt with severely if they are caught. 

15.  In respect of the first three charges I take a starting point of 4½ years’ imprisonment and reduce that by one-third to reflect the defendant’s guilty plea, so for those offences he will go to prison for 3 years. 

16.  In respect of the 4th charge I take a starting point of 15 months’ imprisonment.  I reduce that to 10 months’ imprisonment to reflect the guilty plea and order that 3 months of that sentence should run consecutively. 

17.  The defendant will therefore go to prison for 3 years and 3 months.