HKSAR v. HOH KAH BING

DCCC13/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 13 OF 2011

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Reasons for Sentence

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1.  Defendant, you pleaded guilty to one offence of using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap.200 and one offence of possessing false instruments, contrary to section 75(1) of that same ordinance.

2.  The salient facts are as follows.

3.  You were a tourist who arrived in Hong Kong on 20 November last.

Charge 1

4.  At about 5.14 pm on 20 November 2010, you presented a RBC Royal Bank rewards GOLD Visa Card in the name of Kenny Hoh K B, which is FC1.  This was to purchase 8 bottles of Chanel perfume worth $7,940 and you presented it to a saleslady who was PW1 at the Duty Free Shoppers, Lippo Sun Plaza, Canton Road.  PW2, the supervisor of PW1, suspected it to be stolen and enquired of the card centre.  This was confirmed and the police was called.

5.  PC 33345, PW3, arrived and arrested and cautioned you, and you replied, “Ah sir, I know the card was forged and I bought all 8 bottles of Chanel perfume for my own consumption.”

Charge 2

6.  PW3 searched you and found in the left rear pocket of your trousers one CHASEFREEDOM Visa Card in the name of Kenny Hoh K B, FC2; and (2) a TD Green Visa Card in the same name, FC3. 

7.  Under arrest and caution, you admitted they were forged and you said you bought all three in Malaysia.  Subsequent analysis confirmed this to be the case.  There were various misspellings on the cards. 

8.  You are of hitherto clear record.  Mr Chui on your behalf entered mitigation.  He told me that you are 24 years old, single and residing with your parents and three younger brothers who are all students.  You are educated to Form 2 and are presently employed as a maintenance and repair worker in Malaysia.  You earned in the region of 1,000 Ringgit per month. 

9.  I am told that not only do you have a clear record in Hong Kong, but your record in Malaysia is also clear.  You purchased the three cards in Malaysia and your intention was to come to Hong Kong to raise money for the family.

10.  Quite rightly, your plea of guilty is emphasized. I am told that you apologized to the court and to the family of the troubles that you brought.  I also note that nothing was lost, that the perfume was all recovered. 

11.  I turn now to the sentence.

12.  I am obliged to Mr Chui for the three sentencing precedents put before me.  I do not intend to refer to them or dwell upon them for they merely fortify me in the approach I was going to take.  This was a small scaled operation.  The value of the goods is relatively modest and there are no aggravating features. 

13.  I note your clear record for what that is worth.  There are two offences but in fact it is a course of conduct, I therefore take a starting point on each offence of 3 years’ imprisonment, reduce it to 2 for your plea of guilty.  They will be served concurrently, you will therefore go to prison for a period of 2 years.