HKSAR v. OLEG ZAIKOV

DCCC148/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 148 OF 2011

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Reasons for Sentence

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1.  The defendant pleaded guilty to two counts of attempted to use a false credit card, and two counts of using a false credit card. He was convicted accordingly.

2.  On 22 March, in view of the defendant’s age, I called for the Detention and the Training Centre reports.  Here are the reasons for sentence.

The Prosecution Case

Charges 1 and 2

3.  In the afternoon of 29 October 2010, the defendant went to Hannah Shop situated at Excelsior Plaza, Causeway Bay.  He approached a saleslady, Lu Sze-ka, expressing his interest to purchase a Chanel handbag for $27,650.  The defendant produced a RBC Royal Bank Visa Card numbered 4802-1323-6551-5231 in the name of the defendant.  The payment was not successful.  The defendant then produced another credit card, Washington Mutual Visa Card numbered 4802-1323-6516-6316, which was also in his own name.  The transaction was successful.  The defendant signed on the sales slip and the receipt. 

4.  Shortly afterwards, the defendant went to a computer shop and intended to buy a MacBook worth $16,788.  The shopkeeper found the defendant suspicious and made a report to the police.  The defendant was able to escape before the arrival of the police.

Charges 3 and 4

5.  In about 20 minutes, that is at about 3 pm on the same day, the defendant went to the Toys-R-Us in Windsor House, Causeway Bay.  He intended to buy an X-Box 360 and certain computer games worth a total sum of $2,263.  Another male, Yeung Pak-cheong (Yeung) placed two items of toys worth about $1,099.80 near the defendant’s goods.  The defendant produced the abovesaid two credit cards for payment.  The payment transactions were not successful.  The defendant took back the credit cards and paid by cash.  The defendant and Yeung then left the shop. 

6.  About 30 minutes later, police were able to locate the defendant and Yeung in Causeway Bay.  The defendant was found to have a Chanel handbag, its purchase receipt and the said two credit cards.

7.  Under caution, the defendant admitted that the said two credit cards were forged which were given to him by Yeung on the day.  He had used the credit cards to make purchases at a leather goods shop whilst Yeung acted as a lookout. 

8.  In the subsequent video-recorded interviews, the defendant further admitted that about one to two months ago he had learnt that Yeung was recruiting people to use counterfeit credit cards.  The defendant would be given 10 percent of the value of the goods so purchased as his reward.  The defendant provided his personal details to Yeung.  At about 2 pm on the day in question, the defendant met Yeung who told him to pick up the forged credit cards which were hidden inside the male toilet on the 13th floor in Langham Place.  The defendant got the two cards and appended his signature thereon.  When the defendant was making purchases at the Chanel shop, Yeung was waiting for him outside.  They then proceeded to a computer shop nearby.  Later they went to the Toys-R-Us at the Windsor House.  He attempted to use the two forged credit cards but in vain.

9.  The Government Chemist examined the said credit cards and confirmed that the credit cards are forged ones.

Mitigation

10.  The defendant had a clear record and committed the present offences at the age of 19.  It was purely for quick money.  He was remorseful.  The defendant was not the main culprit and made frank admission upon his arrest.  The size of the operation was small as only two credit cards were involved, and there was an absence of international element.  He has learnt a bitter lesson and wrote a mitigation letter.  The defendant made a promise that this will be his last and ever crime in his life, and asked this court to give him a chance to do right.  The defendant also accepted the content and the recommendation of the reports prepared by the CSD officer.

Sentence

11.  The defendant is now aged 19, born in Russia, and educated in Hong Kong up to Form 3. 

12.  This is another example where young people were made use of by other culprits, probably in syndicate, to use the forged credit cards to make purchases.  Youngsters are lured to perpetrate the crime as they would get certain percentage of the value of the goods as their reward.  In the present case, the defendant would get 10 percent, and two forged credit cards were involved.  These two credit cards were purported to be related to two overseas banking or financial institutes, namely, RBC Royal Bank and Washington Mutual.  When asked, the prosecution informed this court that the accounts of these credit cards came from the accounts of the Capital One Bank in the USA.  In that regard, it can be said that there existed certain international element.  The defendant said that he gave his personal particulars to Yeung who then caused two forged credit cards in the name of the defendant to be made.  I have inspected the said credit cards and found the quality of forgery is of high standard.  Apparently the other culprits made use of the Eurasian appearance of the defendant who might lend more weight to him when he presented credit cards issued by overseas banking institutes for payment.

13.  According to the reports, the officer was of the view that the defendant committed the current offences under some undesirable peer temptation, coupled with his greed, and recommended that a period of disciplinary training with statutory supervision would be beneficial to the defendant. 

It was recommended that the defendant be sent to the detention centre.

14.  I would say it was a wise decision for the defendant to plead guilty to the charges as he was virtually caught red-handed.  I am convinced that the defendant is remorseful and will turn a new leaf upon his release.  I do hope the defendant would certainly keep his promise as said in his mitigation letter.  He promised that he would not commit any other crime and would start a new family and a new life as he was not a small kid anymore.

15.  In the circumstances, I adopt the recommendation made by the CSD officer and send the defendant to a detention centre.