HKSAR v. TEH SING YOU

DCCC1073/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1073 OF 2010

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

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

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

Reasons for Sentence

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

1.  Defendant, you have pleaded guilty to six charges, three of using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap.200, Laws of Hong Kong, those being Charges 1, 4 and 7, and three of attempting to use a false instrument, contrary to sections 73 and 159G of the Crimes Ordinance, those being Charges 5, 6 and 8.

2.  The false instruments concerned involve four separate American Express cards in the name of Jerry Teh.

3.  The amended Summary of Facts which you have admitted show that on 6 August 2010, between 3.30 pm and 7.30 pm, you used or attempted to use these cards at retail outlets at Elements, The Landmark and Kornhill Plaza.  On three occasions, those occasions referred to in Charges 1, 4 and 7, you obtained credit of $1,000 to your Starbucks card, perfume valued at $1,880 and skin care products valued at $4,410.

4.  You were eventually apprehended having just fled the outlet at Kornhill Plaza, when you had attempted to use one of the cards to purchase perfume but when the card was swiped the transaction was declined.

5.  You are 22 years of age and have a clear record in Hong Kong.  You do not of course come from Hong Kong, but rather Malaysia, where you live with your parents and three elder brothers.  I am told that you are unemployed in Malaysia, and I have no doubt - in fact it is conceded by your counsel - that you came to Hong Kong armed with these forged cards in order to make some quick money.

6.  Any offence which involves the use of forged credit cards are serious as they damage the integrity of the credit card system and tend to erode the confidence that ordinary people place in them.

7.  The amount involved in your illicit use of these cards is not that significant, some HK$7,000 or thereabouts, but it is the potential for significant loss to traders that is the important consideration.

8.  I accept that this particular case is a small scale operation, there is no evidence of you being involved in a larger syndicate, but I do find the fact that you have chosen to come to Hong Kong to commit such offences to be an aggravating feature.

9.  I adopt with regard to each of the offences to which you have pleaded guilty, that is Charges 1, 4, 5, 6, 7 and 8, a starting point of 3 years’ imprisonment.  I will increase this starting point by 6 months to 3½ years to reflect the aggravating feature that I have identified.

10.  You are entitled to a one-third reduction in sentence to reflect your pleas of guilty, and indeed I so reduce the sentences, coming to a sentence of 28 months’ imprisonment on each charge, which, due to the question of totality, I will order to run concurrently with each other.