HKSAR v. SEONG SOH BEE

 DCCC673/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 673 OF 2010

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Reasons for Sentence

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1.  Seong Soh Bee, you have pleaded guilty to two charges of using a false instrument, contrary to section 73 of the Crimes Ordinance, and one charge of possessing false instruments, contrary to section 75(1) of the Crimes Ordinance.

2.  The charges are based on events that took place in the early evening of 19 March this year at the DFS store in Chinachem Golden Plaza, in Mody Road.

3.  At 7.15 pm, you approached the Gucci counter, where you attempted to buy a handbag costing $9,900. You presented first one and then another credit card to the sales assistant, but neither of those transactions could go through.

4.  You then presented the forged GM Card Visa Card in the name of Yip Chun-kei, which is the subject of Charge 1. This transaction was also unsuccessful. The sales assistant had become suspicious and contacted the security office but you had left the Gucci counter, leaving the forged card behind.

5.  Undeterred by this setback, you moved on to the LA MER counter on the lower ground floor of the store. There you attempted to buy three skincare products costing HK$5,300. You used the forged CitiBusiness Visa credit card, which is the subject of Charge 2.

6.  The shop assistant had already been informed by the security office of their suspicions regarding you. She therefore asked you to wait so she could contact the card centre. You then fled leaving the second forged credit card behind. You were intercepted outside the store.

7.  The police later arrived and found that in your handbag you had seven other forged credit cards that are the subject of Charge 3. The cards either bore your name or the name Yip Chun-kei.

8.  You are the holder of a Malaysian passport and a resident of Malaysia, and had arrived in Hong Kong only two days earlier.

9.  You admitted to the police that you had been recruited in Malaysia and had been given the nine forged credit cards when you arrived in Hong Kong.

10.  You had been promised 10 per cent of the value of the goods you purchased with the forged credit cards.

11.  I have listened to all that has been said by your solicitor on your behalf.

12.  The fact that you came to Hong Kong from overseas in order to commit these offences is a serious aggravating feature of this case. The courts of Hong Kong are bound to make it clear by the sentences they pass to others who are tempted to do the same that this sort of conduct will not be tolerated.

13.  I bear in mind that no loss was actually caused to any retailer or credit card company by your offences. That is no thanks to you; you were clearly attempting to make purchases of items of substantial value.

14.  Although your role was simply to buy goods, you would have been aware that you were part of at least a relatively sophisticated international operation whose object was to defraud retailers in Hong Kong or credit card companies of substantial sums of money.

15.  I am satisfied that these aggravating features warrant a starting point of 4 years’ imprisonment on each charge.

16.  While I bear in mind all that Mr Yau has said on your behalf, the only real substantial mitigating factor in your case is the fact that you have pleaded guilty to these charges, and for that you are entitled to the usual discount of one-third.

17.  I sentence you to 2 years 8 months’ imprisonment on each charge, all to run concurrently with each other. The total sentence is therefore 2 years 8 months.