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DCCC336/2010
IN THE DISTRICT COURT OF THE
HONG KONGSPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 336 OF 2010
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Date:
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1 June 2010 at 2.48 pm
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Present:
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Mr William Siu, PP of the Department of Justice, for HKSAR
Mr T S Cheung, of Messrs Cheung & Yip, assigned by the Director of Legal Aid, for the Defendant
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Offence:
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(1) to (3) Using a false instrument (使用虛假文書)
(4) Possessing a false instrument (有意圖而管有虛假文書)
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Reasons for Sentence
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1. The defendant has pleaded guilty to three offences of using a false instrument, namely a credit card, and a fourth offence of possessing a false instrument which was another credit card. All the offences were committed on the same day.
2. The facts disclosed by the Summary of Facts shows that at about 11.30 on 26 October, the defendant went to the Mong Kok branch of the PCCW Store in the Pioneer Centre on Nathan Road, he chose two mobile phones worth a total value of $7,960 and tendered a forged Washington Mutual Platinum Visa Card bearing his name, that is the subject of the 1st charge. The payment was completed successfully, and the defendant left the shop.
3. The defendant’s image was captured on the CCTV. He was wearing a white cap and a white short-sleeved shirt at the time.
4. The defendant made his way to the Tsuen Wan branch of the PCCW and arrived there about 1.30. He attempted to purchase an Ericsson mobile phone, similar to the previous one, worth $4,180. He again presented the card which he had used on the first occasion. The staff became suspicious and when the staff returned, they found the defendant had left the premises. The matter was reported to the police.
5. About an hour later, the defendant went to the Kwai Chung branch of the PCCW in the Shek Lei Shopping Centre. He was served there by one of the staff and at that time the defendant was wearing a black short-sleeved T-shirt. Again he selected a Sony Ericsson AINO mobile phone worth $4,180 and used a forged Platinum Visa Card bearing his name. The staff informed the supervisor of the store and proceeded to telephone the card centre to go through with the transaction meanwhile a report was made to the police.
6. The police arrived at the store shortly afterwards and in the defendant’s possession found a third forged credit card, this one was a GM Visa Card bearing the defendant’s name. It was found in the defendant’s wallet. Inside the defendant’s rucksack, the officer found the white cap and white T-shirt which the defendant had been wearing earlier.
7. Under caution, the defendant admitted having used the forged credit cards to earn some money. He said he had been unemployed for quite some time. He said the cards were given to him earlier that day by a man he called “Ah B” at the junction of Argyle Street and Nathan Road in Mong Kok. He said he went to purchase the phones in Mong Kok and after purchasing the phones, he telephoned Ah B and met him at Argyle Street and handed over these phones and sales receipts to Ah B. He then went to Tsuen Wan and Kwai Chung stores alone. He said he was unemployed, in need of money and he had asked Ah B to make the three credit cards in his name to facilitate his making purchases, and he would receive 10 per cent of the value of each transaction.
8. The police used the mobile number which the defendant said he had used to contact Ah B, but it was found to be that of a prepaid SIM card.
9. The defendant does have a number of previous convictions but nothing similar. In fact, his last conviction was in 2006. Prior to that, all the other convictions for criminal matters were in or before 1987.
10. I am told that the defendant is 44 years of age. He was born in Hong Kong and educated to Form 3 standard. He has previously worked as a decoration worker and a logistics worker. He is married. His wife is 37 and lives on the mainland and they have no children.
11. At the time of the offence, the defendant had been unemployed since the end of 2009 and was earning between 7 and 8 thousand dollars per month. Apparently, he tried to get a job but in vain. He said the offences were committed because he had borrowed money from family and friends and the amount outstanding was some 40 to 50 thousand dollars and he wanted to repay the loans.
12. The defendant clearly understands that these offences are serious. He went out deliberately with three cards intending to make purchases. Even after the staff had become suspicious at the second store, he still went on to the third store in order to attempt to purchase a mobile phone. He had with him extra clothing in order to disguise his appearance. When he was challenged, he made a frank admission of the offence. However, he was caught red-handed.
13. Offences of this kind are obviously serious and the credit card is an important financial structure in Hong Kong and those who undermine the reputation or the operation of this structure will be expected to receive a deterrent sentence for their criminal activity. A starting point of 4 years has been suggested as being an appropriate starting point.
14. I agree that 4 years is appropriate in this case. The only real mitigation being the defendant’s guilty plea and the sentence on each offence will therefore be reduced to one of 32 months’ imprisonment.
15. I have considered the question of totality. There are four charges; they were all committed within a short period of time with each other on the same day. I have decided in the circumstances that the sentences should run concurrently. So the total period of imprisonment will be 32 months.
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