HKSAR v. CHIU PAK SAM, VINCENT

DCCC293/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 293 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to a total of nine separate charges of using a false instrument, contrary to section 73 of the Crimes Ordinance, Chapter 200, Laws of Hong Kong. All of these offences involve your use of a Bank of China Visa card in your name but which you knew to be false. You used this card on nine separate occasions on the same day, 27 May 2010, at various outlets in Hunghom and at North Point.

2.  According to the Summary of Facts which you have agreed, your spending spree started at about 3 o’clock in the afternoon when you used the card at a McDonald’s Restaurant at Hunghom MTR Station and ended at about 6.20 pm the same day when you used the card to buy some female clothes at a fashion shop in North Point.  The total value of goods that you obtained that afternoon and early evening amounted to $11,727.90.

3.  You are 39 years of age, I am told, married and have a two-year-old son.  I am also told by way of mitigation that these offences, all committed as they were on the same day, were committed by you due to the fact that your friend, Ah Fai, gave you this card, telling you that you could use it to purchase things and thereby alleviate your financial difficulties. Due to momentary greed, you committed these offences.

4.  As a result of your stupidity, your wife and child are now seriously compromised as you were the sole breadwinner of the family.  I can only say that you have yourself to blame.  The fraudulent use of credit cards are serious offences because of the potential loss that can be suffered.  They are also extremely prevalent offences and deterrent sentences must be passed.

5.  I am satisfied that 3 years’ imprisonment is the proper starting point for each of these offences, but in order to reflect the overall criminality involved as this court is dealing with nine separate similar offences, I increase that starting point by 9 month to one of 3 years and 9 months’ imprisonment.  Due to your plea of guilty, I will discount this by one-third to take account of these pleas of guilty, coming to 2 and a half years’ imprisonment on each charge.

6.  As all of these offences were all part of the same spending spree and committed on the same day, the sentences on each charge should properly be ordered to run concurrently with each other.  I so order. The total sentence is one of 2 and a half years’ imprisonment.