HKSAR v. WONG KIT HO

DCCC 1035/2024 & DCCC 1341/2024

(Heard together)

[2026] HKDC 34

IN DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1035 OF 2024

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IN DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 1341 OF 2024

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REASONS FOR SENTENCE

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1.  Although not consolidated, the two cases involving the same defendant Mr Wong, ie DCCC 1035/2024 and DCCC 1341/2024, were heard together before me.

DCCC 1035/2024

2.  Under DCCC 1035/2024, Mr Wong faces a Charge Sheet consisting of 7 charges.  He pleaded guilty to 3 charges of Obtaining property by deception, contrary to section 17(1) of the Theft Ordinance, Cap 210, namely Charges 3, 5 and 6.

3.  He pleaded not guilty to the other 4 charges.  Prosecution asked that they be left on court file not to be proceeded with without the leave of this court or the Court of Appeal.  Upon Mr Wong’s conviction of Charges 3, 5 and 6, I so ordered.

4.  Particulars of Charges 3, 5 and 6 are that Mr Wong, on 29 February 2024, at “Club Watch”, Shop 89-91, 1^st Floor, Metro Sham Shui, Kam Wah Mansion, Nos 226-242 Cheung Sha Wan Road, Sham Shui Po, Kowloon, in Hong Kong, dishonestly obtained from the staff of Club Watch Limited (“the said company”) one Rolex watch with serial number X (“the said goods”), with the intention of permanently depriving the said company thereof by deception, namely, by falsely representing that he was the genuine holder of one Y in the name of CSEKE ENIKO (“the said credit card”) and was authorized and entitled to use the said credit card to make payment for the said goods.

5.  For Charge 3, X is 11463956; Y is American Express credit card numbered 3771-117768-01011.

6.  For Charge 5, X is V7764748; Y is HSBC MasterCard numbered 5185-4200-1940-4645.

7.  For Charge 6, X is V459573; Y is Citibank MasterCard numbered 5427-1340-0111-6327.

DCCC 1341/2024

8.  Under DCCC 1341/2024, Mr Wong faces a Charge Sheet consisting of 3 charges.  He pleaded guilty to all three charges.

9.  Charge 1 is Theft, contrary to section 9 of the Theft Ordinance, Cap 210.  Particulars are that he, on or about 14 February 2024, at Tai Po, New Territories, in Hong Kong, stole one motor cycle bearing registration mark YS7071, property belonging to Law Chin Ho.

10.  Charge 2 is Driving without a valid driving licence, contrary to section 42(1) and (4) of the Road Traffic Ordinance, Cap 374.  Particulars are that he, on 14 February 2024, in Hong Kong, drove a motor vehicle, namely, the same motor cycle, on a road when he was not the holder of a valid driving licence in respect of a vehicle of the class of vehicle which he was driving.

11.  Charge 3 is Using a motor vehicle without third party insurance, contrary to section 4(1) and (2)(a) of the Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap 272.  Particulars are that he, on 14 February 2024, in Hong Kong, used a motor vehicle, namely the same motor cycle on a road when there was not in force in relation to the user thereof by him such a policy of insurance or such a security in respect of third party risks as complied with the requirements of the Motor Vehicles Insurance (Third Party Risks) Ordinance, Cap 272.

Facts admitted by Mr Wong

12.  The facts of DCCC 1341/2024 happened first, followed by the facts of DCCC 1035/2024.

DCCC 1341/2024

13.  On 13 February 2024, at about 2:30 pm, Mr Law (PW1) left his motor cycle YS7071 at a parking space at Po Heung Square, Tai Po, properly locked and left.

14.  On 14 February 2024, at 1:05 am, PW1’s mobile phone received a notification from HKeToll that YS7071 passed through Loin Rock Tunnel earlier that day at 12:52 am and incurred a fee of $8.  PW1 checked the location of the on-board AirTag and found it at Shun Ning Road near Tonkin Street, Cheung Sha Wan.  He went to Po Heung Square and found YS7071 missing.  He reported the case to the police.

15.  At 1:26 am, PW1 found the AirTag at Shun Ning Road near Wing Hong Street, Cheung Sha Wan.

16.  Upon receiving the report, police officers went to Shun Ning Road for investigation.  At 1:31 am, they found YS7071 parked at Shun Ning Road near Wing Hong Street.  Mr Wong was squatting on the pavement near YS7071.  Mr Wong was intercepted.  Upon enquiry, Mr Wong said he was waiting for his girlfriend.

17.  At about 1:40 am, PW1 arrived at the scene.  PW1 found the ignition switch of YS7071 intact but there was a letter opener not belonging him placed on the windshield.

18.  Upon search, police found a receipt on Mr Wong which recorded the purchase of two letter openers on 13 February 2024 at 6:03 pm.  Under arrest for taking conveyance without authority and upon caution, Mr Wong said, “[I] saw it in Tai Po with its lights turned on; [I] therefore took it as a means of transport; [I] went to Shun Ning Road to find my girlfriend to save taxi fares.”

19.  Police found that Mr Wong did not hold any driving licence.  Under arrest for driving without a driving licence and using a motor vehicle without third party insurance and upon caution, Mr Wong said, “I did not have a motor cycle licence.”

20.  CCTV installed at a garage in Shun Ning Road captured images of Mr Wong driving YS7071 towards the junction with Wing Hong Street at 1:10 am on 14 February 2024.

21.  PW1 purchased YS7071 in 2022 for $25,000.

22.  Mr Wong now admits he had never held a driving licence of any class of vehicle and his use of YS7071 was not covered by any third party insurance.

DCCC 1035/2024

23.  On 29 February 2024, at about 4:52 pm, Ms Cseke (PW1) who just arrived at Tsing Yi MTR Station from Hong Kong Station found her bag opened and her wallet missing from inside.  The wallet contained, among other things, the three credit cards under Charges 3, 5 and 6.

24.  Soon after, PW1 received notifications from the banks that the 3 credit cards had been used for the following transactions:-

(a) At 5:26 pm, a payment of $69,465 was made to Club Watch Limited using the credit card under Charge 3;

(b) At 5:31 pm, two payments involving $50,000 and $44,095 respectively were made to Club Watch Limited using the credit card under Charge 5; and

(c) At 5:34 pm, a payment of $55,000 was made to Club Watch Limited using the credit card under Charge 6.

25.  PW1 made a report to the police.

26.  In the end, the banks waived all the unauthorized payments.

27.  What transpired on 29 February 2024 at a shop “Club Watch” run by Club Watch Limited is as follows.

Charge 3

28.  At about 5:10 pm, Mr Wong purchased a Rolex watch (Watch 1) for $69,465 with the credit card under Charge 3.  On request of the staff, Mr Wong presented a HKID card with his photo on it as proof of identity.  Mr Wong signed on the payment receipt.

Charges 5 & 6

29.  Upon completing the earlier purchase, Mr Wong told the staff he wanted to purchase two other Rolex watches.  Mr Wong paid for the second watch (Watch 2) using the credit card under Charge 5 by splitting the price into two payments respectively of $50,000 and $44,095.  Mr Wong signed on both payment receipts.

30.  Mr Wong paid for the third watch (Watch 3) for $55,000 using the credit card under Charge 6.  Mr Wong signed on the payment receipt.  However, Mr Wong told the staff that he changed his mind about the purchase and asked for a refund.  He received cash of $50,000 back from the staff after a deduction for administrative fee.

31.  CCTV of the shop captured what happened.

32.  On 12 March 2024, Mr Wong was arrested for fraud.  Cash of $9,010 was found on him.

Criminal and Road Traffic conviction records

33.  Mr Wong has 17 previous convictions, including one theft, one taking conveyance without authority, one using a motor vehicle without third party insurance and one driving without a licence all four of which were recorded in 2020.

Antecedents

34.  Mr Wong is aged 32 (30 at the time of the offences), educated to F5 level, was a salesman at the time of arrest.  He was on police bail when he committed the offences under both DCCC 1035/2024 and DCCC 1341/2024.  He was last discharged from prison on 22 June 2022.  Mr Wong lived alone.  His parents are both working.

Mitigation

35.  Mr Patrick Cheung of counsel assigned by the Director of Legal Aid mitigated on behalf of Mr Wong.  The following is a summary of the mitigation submissions.

36.  Before arrest, Mr Wong had been working as a salesperson earning about $15,000 per month.  He is married and his wife (28) lives in the Mainland.  He has three elder brothers.

37.  Mr Wong pleaded guilty.  He is entitled to one-third discount.

Under DCCC 1035/2024

38.  Mr Cheung referred to HKSAR v Tu I Lang, CACC 464/2006, in particular paras 9 and 10, and submitted that the facts of the present offences point to a small unsophisticated operation, involving only a few cards uncomplicated by other evidence materially linking Mr Wong to a larger operation.  Mr Cheung submitted that a starting point of three years’ imprisonment or less would be appropriate.

39.  Since the three offences were committed on the same day, involving the same card holder and the same victim company, Mr Cheung invited the court to treat these offences as one transaction and to consider imposing wholly concurrent sentences.

Under DCCC 1341/2024

40.  In HKSAR v Cheung Ka On [2025] 4 HKLRD 258, it was held that theft of a motor vehicle was a serious offence.  The usual starting point for theft of a motor vehicle, or handling a stolen motor vehicle, was 3 years’ imprisonment.  It could go above or below that figure depending on the circumstances.

41.  In HKSAR v Choi Yiu Cho, DCCC 943/2024, the judge adopted a starting point of 30 months’ imprisonment.  That case was more serious because the defendant drove the stolen motorcycle with a forged vehicle plate.

42.  In the present case, there is no evidence that the motorcycle was intended for resale.  There was no damage or loss to the second-hand motorcycle purchased for $25,000.  It was stolen for only a short period.  This case is the less serious of its kind.  The circumstances suggest that the starting point should go below 3 years’ imprisonment.

43.  Under section 69(1)(c) of the Road Traffic Ordinance, the court may order disqualification for such period as the court thinks fit.  Mr Cheung has no submissions to make on disqualification.

44.  As regards Charge 2 and Charge 3, see HKSAR v Cheung Ka On, supra, at para 15.  It was submitted that the appellant there has an appalling record.

45.  Mr Cheung invited the court to take the totality principle into account and order the sentences for the three offences to run partly concurrently.

46.  The two cases here are heard together.  Mr Cheung invited the court to take the totality principle into account and order the sentences in the two cases to run partly concurrently.

Sentence

47.  Mr Wong has only one similar previous conviction for theft, taking conveyance without authority, driving without a licence and using a motor vehicle without third party insurance.  I will not regard him as a persistent offender.

48.  Under both DCCC 1035/2024 and DCCC 1341/2024, Mr Wong committed the offences whilst on police bail.  This is an aggravating factor which will attract an increase of the starting points for all offences.  However, in the final analysis of the aggregate sentence, I will ensure that there will not be excessive multi-counting of this aggravating factor to the effect that the final sentence is manifestly excessive.

DCCC 1035/2024

49.  The use of an obviously forged HKID card in the commission of at least Charge 3 is also an aggravating factor.  I note that it was upon the request of the staff member that it was used.  But the fact it was readily available to be used speaks for itself.

50.  I take into account the authority urged on me.  I take a starting point of 3 years 3 months’ imprisonment for Charge 3, a starting point of 3 years’ imprisonment for each of Charges 5 and 6.

51.  Mr Wong pleaded guilty to the charges in good time earning for himself the full 1/3 discount.  There are no other mitigating factors of weight to justify further sentence reduction.  I will order the sentences to be served wholly concurrently.

DCCC 1341/2024

52.  I have considered the cases urged on me.

53.  For Charge 1, I will adopt a starting point of 2 years 9 months’ imprisonment.

54.  For Charge 2, since this is the second conviction of the same offence, the maximum penalty is increased to 6 months’ imprisonment and a fine of $10,000.  I will adopt in Mr Wong’s case a starting point of 4 months’ imprisonment.

55.  For Charge 3, I will adopt a starting point of 6 months’ imprisonment. Also under Charge 3, there is a mandatory disqualification for a period between 1 and 3 years from the date of conviction, unless special reasons exist.  I can find no such reasons in this case.

56.  Mr Wong pleaded guilty to the charges in good time earning for himself the full 1/3 discount.  There are no other mitigating factors of weight to justify further sentence reduction.

57.  The sentences for Charges 2 and 3 can be served concurrently.  However, the offences subject of Charges 2 and 3 could not be said to naturally follow from the offence subject of Charge 1, such as where a stolen motorcycle is placed in the cargo bay of a lorry, or where the thief has a driving licence (at least for Charge 2).

58.  In principle, the sentences on Charges 2 and 3 ought to be served wholly consecutively to the sentence on Charge 1.  However, I will consider the totality principle when determining the aggregate sentence for DCCC 1341/2024.

59.  I will also apply the totality principle when determining the overall sentence for both DCCC 1035/2024 and DCCC 1341/2024.

(Mr Wong, please stand)

Under DCCC 1035/2024

60.  For Charge 3, the sentence is 2 years and 2 months’ imprisonment.

61.  For Charge 5, the sentence is 2 years’ imprisonment.

62.  For Charge 6, the sentence is 2 years’ imprisonment.

63.  I order that these sentences are to be served concurrently.

Under DCCC 1341/2024

64.  For Charge 1, the sentence is 22 months’ imprisonment.

65.  For Charge 2, the sentence is 2 months and 20 days’ imprisonment.

66.  For Charge 3, the sentence is 4 months’ imprisonment.

67.  I order that the sentences of Charges 2 and 3 are to be served concurrently.  I order that 2 months of the concurrent sentences are to be served consecutively to the sentence on Charge 1 making an aggregate prison sentence of 24 months for DCCC 1341/2024.

68.  For Charge 3 also under DCCC 1341/2024, I order Mr Wong to be disqualified from holding or obtaining a driving licence for all classes of vehicle for a period of 12 months from the date of conviction.

69.  Both DCCC cases are heard together.  In order to prevent an excessive overall sentence, I order that 12 months of the aggregate prison sentence in DCCC 1341/2024 to be served consecutively to the sentence in DCCC 1035/2024. So the final overall prison sentence for both cases for Mr Wong is 38 months’ imprisonment.