HKSAR v. DANIEL DO

DCCC368/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 368 OF 2010

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Reasons for Sentence

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1.  The defendant pleaded guilty to five charges. The charges relate to his use of two credit cards, one an HSBC MasterCard and the other a Westpac MasterCard, and his possession of a Washington Visa Card.

2.  The 1st charge relates to his using a false instrument on 26 November 2009.  That relates to his use of the HSBC MasterCard in Grand Century Place in Prince Edward Road West.  The 2nd charge is a related charge of theft arising out of that incident on 26 November at Century Place, where he stole two mobile phones, the property of Broadway Photo Supply Limited.  The 3rd charge is again one of using a false instrument.  On this occasion it was a Westpac MasterCard.  He used that MasterCard on 13 December at CSL Limited in the Dragon Centre in Sham Shui Po.  The 4th charge was again using a false instrument, this time a HSBC Platinum Visa Card on 23 December 2009 at Esprit Retail in the Wai Fung Plaza in Mongkok, Kowloon.  And the 5th charge is possession of a false instrument.  This is a Washington Mutual Visa Card.  All the cards were forged.

3.  The facts admitted by the defendant, starting with Charges 4 and 5, state that a Mr Wong is a salesman at Esprit in Mongkok. At 4 o'clock, on 23 December 2009, the defendant and another man went to these premises.  The defendant wanted to buy a men’s leather jacket valued at $3,995. The card was rejected, the police were called, and the defendant was arrested. The defendant was searched, and in his right sock they found the Washington Mutual Visa Card, the subject of the 5th charge.  The defendant said that he bought the two cards involved in the mainland for $500 three days previously. The police enquiry into the defendant’s criminal activities revealed that he had been involved in other cases.

4.  At 7.30, on 26 November, the defendant and a female went to Broadway Photo Supply Limited in Grand Century Place, Mongkok.  They wanted to buy two mobile phones, jointly valued at $9,260.  They presented the HSBC forged HSBC Premier MasterCard.  This was rejected.  Whilst this was being attended to, the defendant and his female companion disappeared, taking with them the two mobile phones, leaving the card behind.

5.  On 13 December, at around 2045 hours, the defendant went to CSL Limited in the Dragon Centre in Sham Shui Po.  He looked at two mobile phones, jointly valued at $8,526.  He presented a Westpac MasterCard which was forged.  The card was accepted, but the salesman that was on duty was suspicious about the card when he looked at it.  The defendant was told that a report would be made to the police, and he immediately left, leaving the card behind. 

6.  The cards involved were all forensically examined and were all found to be counterfeit.

7.  The defendant has a clear record. 

8.  Notwithstanding the usual sentences imposed for offences of this kind, I adjourned the case on the last occasion so that I could have the advantage of reports.  The reports give a detailed background concerning the defendant.  The defendant is described as having a deprived and unsettled upbringing.  His father died when he was a toddler, and his drug-addicted mother was irresponsible and neglected her duty as a mother to care for her son.  The defendant was made a ward of the Director of Social Welfare in January 1995 and was put under statutory supervision.  He received a long period of out-of-home care from 1995 till 2007, with brief home restoration for a year from 1997 to 1998.  The defendant exhibited aggressive behaviour in small group home and in schools.  When he returned home for home leaves, the defendant stayed out often with his classmates until the small hours, hanging around in discothèques and game centres. 

9.  Since he was 16 the defendant has abused a multiplicity of illicit drugs such as ketamine, Ecstasy, Ice and coughing syrup.  After he dropped out of school and left the hospital in 2007, the defendant led an unrestrained and unstable life by failing to secure a stable job and stable accommodation and joining the triad society. 

10.  Despite the wishes of social workers who were trying to assist him, the defendant took up temporary lodging with friends. The defendant is described as lacking in self discipline and law-abiding concept is weak.  Both the probation officer and the Commissioner for Correctional Services are of the view that, to assist your rehabilitation, a disciplinary and character training would be conducive to guide him to walk in the right path and strengthen his self-discipline.

11.  Notwithstanding the gravity of these offences and the usual custodial sentence of prison which they would attract, it seems to me that in your case the training centre is an appropriate sentence.  You will be given the opportunity for vocational training.  This will be useful when you are released from the training centre. 

12.  You are at a crossroads in your life.  If you carry on committing these offences, you will just keep going back to prison.