HKSAR v. WONG MEI YAN, HELEN

DCCC394/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 394 OF 2010

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Reasons for Sentence

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1.  The defendant has pleaded guilty to two charges. The first charge is one of using a false instrument, namely a forged credit card, on 15 December at the Louis Vuitton store in Canton Road, Tsim Sha Tsui. When arrested in respect of that offence, she was found to be in possession of three other forged credit cards.

2.  The facts admitted by the defendant state that at 5.30 pm on 15 December 2009 the defendant went into the Louis Vuitton store and requested to buy two bags and a wallet with a total value of $23,350.  She presented a forged credit card which purported to be issued by the Royal Bank for payment.  The salesperson dealing with the transaction noticed that the hologram on the card looked blurred and suspected it was forged and the police were called. 

3.  The police arrived, the defendant was searched, and the three other cards were found in her possession.  All four cards were in her name.  When cautioned in respect of these offences, the defendant said that she had nothing to say.

4.  The defendant has 10 previous convictions, none of them related to matters of theft.  The majority of the offences relate to the possession or trafficking in dangerous drugs.  In June 2003, she was imprisoned for 6½ years for trafficking in dangerous drugs, and I am told that she was released on 27 August 2008.

5.  I am told that the defendant is 32 years of age and educated to Secondary 2 level.  She has been married but the father has lost contact with the family.  She has a daughter aged 14 who lives in The Po Leung Kuk and she has a mother aged 65.

6.  I am told that after her last release from prison she had a number of jobs but found it difficult to find anything that paid a reasonable salary.  At the time of the offence she was out of work and in receipt of social security benefits.

7.  I am told that the reason for the commission of the offence was her indebtedness to a person called Ah Ken.  She borrowed $5,000 from this person and had to repay $100 every 10 days.  Because of this difficulty, she was told that if she used the forged credit cards she would receive point 7 per cent of the value of goods obtained which could be used to pay off her debts.  I am told that her visit to the Louis Vuitton store on 15 December was her first attempt to use any of the cards, and that attempt was unsuccessful.

8.  I was told that the defendant has been suffering from insomnia and depression and only recently an appointment has been made for her to see a psychiatrist on 6 September.  I am told that her daughter is unaware of this case.

9.  The offences to which the defendant has entered guilty pleas are serious offences.  The use of forged credit cards is very prevalent in Hong Kong.  Persons caught using or in possession of forged credit cards must expect to be sent to prison. 

10.  The defendant was obviously acting in concert with persons connected with a larger organisation.  The credit cards were forged and her name put on each of the cards.  The store at which she was arrested is a store that deals in luxury brands.  The property she attempted to purchase was worth in excess of $23,000.  The courts must take into account the potential loss to the banks in cases such as these.

11.  Having considered all the circumstances, I take a view that a starting point of 3 years’ imprisonment is appropriate for each of the offences.

12.  Notwithstanding the late guilty plea submitted by the defendant, I propose to allow her the full discount of one-third.  Those sentences will be reduced to 2 years’ imprisonment.

13.  I have to consider the question of totality.  I order that 4 months on the second charge shall run consecutive to the sentence on the first charge.  The defendant will therefore go to prison for a total of 28 months.