HKSAR v. LEUNG MAN KIT

DCCC1352/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1352 OF 2010

----------------------

----------------------

--------------------------

Reasons for Sentence

--------------------------

1.  Defendant, you have pleaded guilty to two charges, one of using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap.200, the particulars being that on 15 November at the Louis Vuitton shop in Ocean Centre, Tsim Sha Tsui, you used a false instrument, being a Bank of America Visa card in your name, with the intention of inducing Lam Hang-yu of the Louis Vuitton Hong Kong to accept it as being genuine.

2.  The 2nd charge you have pleaded guilty to is an offence of possession of false instruments, contrary to section 75(1) of the Crimes Ordinance, Cap.200, the particulars being that on the same day you did have in your possession false instruments, namely two other Visa cards, one an RBC Royal Bank Visa card and one a Washington Mutual Visa card, both in your name, with the intention to use them and be accepted as genuine.

3.  The summary of facts which you have agreed are very straightforward.  On the day in question, you went to Louis Vuitton in Ocean Centre and approached the salesgirl, requesting to purchase a bag at $10,900.  You presented the forged Visa card for payment of the bag.  When the salesgirl contacted the card centre to verify its authenticity, it was discovered that the details on the card were incorrect.  The matter was reported to the police.  You were intercepted near the exit of the shop.  You then took out the two cards being the subject matter of Charge 2 and discarded them onto the floor.  Under caution, you admitted the offences and told the police that you had purchased the cards in Shenzhen six months beforehand from Ah Fai for $200.

4.  You are still only 20 years of age but, disappointingly, you already have four previous convictions, three of which are for dishonesty.  You have also been sentenced to a rehabilitation centre in 2008.

5.  I have received a background report on you from the Probation Service and I also have before me a training centre report from the Commissioner of Correctional Services Department.  You are considered to be suitable for a period of training in a training centre. 

6.  The background report speaks of your unfortunate past, your mother having committed suicide shortly after you were born and your father being a drug addict and himself having been in and out of prison.  He has now passed away and did so shortly after you went off to a rehabilitation centre.

7.  Your elder sister, with whom you have a close relationship, is now in America.  She has written to me and she speaks warmly of her relationship with you and asks for leniency on your behalf.

8.  The present offences arose out of your association with bad friends, one of whom was a loanshark.  You committed these offences in order to repay the crippling interest payments that were demanded of you.

9.  For offences of this nature, prison is the norm, as the potential for loss due to the use of forged credit cards can be immense.  They are prevalent offences and have to be deterred.  Even a small-scale credit card fraud such as the present case can attract a 3-year prison sentence on a guilty plea.

10.  Having said that, it is apparent to me that you have had a most unfortunate past, but it is not too late for you to reform.  The intake officer from the Correctional Services Department has told me that a period of disciplinary training coupled with statutory supervision is highly recommended for you and is considered beneficial for your reformation.

11.  I am going to take an exceptional course and give you a chance to reform yourself through the assistance of the training centre programme, in the hope that you do not disappoint me.

12.  On both charges, I make a training centre order to run concurrently with each other.