HKSAR v. WONG SHUN FUNG

   DCCC1246 & 1409/2009 (CONSOLIDATED)

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1246 AND 1409 OF 2009(CONS)

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to eight offences of using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap. 200, and to two offences of possession of a false instrument, contrary to section 75(1) of that same Ordinance. You admitted the facts and I convicted you. Briefly, those facts were as follows.

Charge 1

2.  PW1 was a saleslady at Bonjour Cosmetics shop, Jordan Road. At about 2.45 pm on 12 March of last year, you came into the shop and selected cosmetics and powdered milk worth $2,987. You presented a Hang Seng Bank visa card for payment. The transaction was successful and you left the shop.

Charge 2

3.  PW2 and PW3 were, respectively, a saleslady and cashier of Chow Tai Fook Jewellery Company Limited, Nathan Road. At about 3 pm on 12 March, you came into the shop and bought a pair of gold bracelets and a gold mobile phone strap worth $12,884. You used a Hang Seng Bank card to pay. The transaction was successful, and you left the shop.

Charge 3

4.  PW4 and PW5 were, respectively, a saleslady and cashier of Chow Tai Fook Jewellery at another address in Nathan Road. At about 3.35 pm on 12 March of last year, you went to the shop and purchased two gold bracelets worth $13,355 using an HSBC Premier MasterCard in the name of Wong Shun-fung. The transaction was successful.

Charge 4

5.  PW6 is a manager at Wellcome, Nathan Road. At about 3.46 pm on 12 March, you went into the shop and purchased chocolate, tissues, a cleaner and chicken essence by HSBC card in the sum of $337.10. The transaction was successful.

Charge 5

6.  PW7 was a saleslady at Bonjour Cosmetics shop, Nullah Road, Kowloon. On 12 March, you went into the shop and purchased cosmetics valued at $489 using an HSBC card. The transaction was successful and you left the shop.

Charge 6

7.  PW8 and PW9 were, respectively, a saleslady and cashier at Chow Sang Sang Jewellery Company Limited, Prince Edward Road. At about 5.06 pm on 12 March, you went into the shop. You selected a gold necklace and wrist chain worth $9,231 and presented the HSBC card for payment. However, PW8 issued an invoice in the wrong amount and asked you to obtain the authorisation to void the transaction. You did not reply, pretended to be making a phone call and left.

Charge 7

8.  PW10 and PW11 were, respectively, a saleslady and supervisor of Chow Tai Fook Jewellery Company Limited, Hennessy Road. At about 6 pm on 12 March last, two plainclothes police officers, PW16 and PW17, saw you and a male, Cheng Pui-man, acting furtively. She saw you enter the shop alone whilst Cheng waited outside. You purchased two gold bracelets for $13,338 in the shop. You presented the Hang Seng Gold Visa card in the name of Wong Shun-fung for payment.

9.  PW11 noted misprints on it and believed it to be false. She called the card centre which confirmed this. She asked you for your ID card, but you hurriedly left the shop, leaving behind the card and the bracelets. PW16 and PW17 followed you and Cheng and were joined by woman police officer, PW18. They intercepted you outside No. 482 Lockhart Road.

Charge 8

10.  A search of you by PW18 revealed a Citibank Visa card in the name of Wong Shun-fung. You also had with you a plastic shopping bag of Bonjour Cosmetics shop containing two sales invoices and cosmetics. You were arrested. Nothing suspicious was found on Cheng.

11.  Under caution and recorded on video, you admitted the following.

(1)  In early 2009, you gave your personal particulars to a male, Ah Cheong, who agreed to get false credit cards for you.

(2)  Two to three months later, he called to say they were ready.

(3)  You agreed to accept them for no payment.  In return, you would make purchases for him.

(4)  You met Ah Cheong who gave you the HSBC card and Citibank card.

(5)  You were then taken to various shops to make purchase in a vehicle with Cheng in it.

(6)  You handed over the purchases to Cheng.

12.  You were subsequently positively identified by various shop assistants. Forensic examinations show the HSBC card 1, HSBC card 2 and the Citibank card to be false.

Charge 9

13.  PW34 was a saleslady of Louis Vuitton at Canton Road. At about 3 pm on 15 October last, you went into the shop and selected leather goods to a total value of $22,900. You offered a CitiBusiness MasterCard to pay. PW34 suspected it to be false and called the card centre. The police were called and two officers, PW36 and PW37, came to the shop. You left the shop without the card and you were intercepted.

Charge 10

14.  Upon searching, PW36 found a Bank of America MasterCard hidden inside your waist bag. You admitted the facts above. Upon arrest and caution, you remained silent. Upon a forensic examination, both the CitiBusiness card and the Bank of America card were found to be forged. You knew all the cards were false.

15.  And you admitted to one previous conviction for a dissimilar matter, that is, possession of Part I poison for which you were fined, and it is almost 10 years ago. I adjourned the case for both a probation officer’s background report and a medical report. I am informed by Mr Tse, subject to the two corrections that he put before me, that you do accept the contents of those reports. In sentencing you, I have taken into account the contents.

16.  In mitigation, Mr Tse asked me for the utmost leniency. He referred to your light criminal record. I am told that the offences were committed out of financial hardship. Reference is made in the reports to your dependency upon heroin and Mr Tse says that your incarceration has addressed this problem. He told me that because of the recent birth of your son, the father of whom is not disclosed, your husband is to divorce you and it is your intention upon release to resume care for your son. He said the chances of your re-offending are very small. He produced to me a letter that you have written from prison, and I have taken that into consideration. Realistically, you accepted that a custodial sentence in these circumstances was inevitable.

17.  I turn now to the sentence. These are serious offences committed on two separate occasions. The total value of goods illicitly obtained I calculate to be some $30,000 and those goods that you failed to actually obtain are just over $45,000. I do note and accept that, in the commission of these offences, you were not the mastermind. You are now effectively a single parent and you have a light criminal record.

18.  Upon each of your two arrests, I note that you were straightforward and cooperative with the police. You have continued to be cooperative by your pleas of guilty. I note that it is your intention upon release to resume care of at least your second son.

19.  Whilst such offences warrant only an immediate period of imprisonment, I will be as merciful as I can consistent with my public duty. I do find that there is some mitigation here, and I am sorry for your personal circumstances. This is quite a large catalogue of offences being eight offences of using a false instrument and two offences of possession. The former carries a much higher maximum sentence than the latter.

20.  Even given that there were two separate occasions for the commission of these offences, I do intend to treat this as a course of conduct and take an overall starting point. That will be commensurate with the criminality and the mitigation. As I have said, I intend to be merciful. The starting point I am taking is one of two years and six months. That is 30 months, reduced to 20 months for your plea of guilty. You will go to prison for 20 months on each charge concurrently.