HKSAR v. LOI PAK CHEUNG

DCCC118/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 118 OF 2011

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Reasons for Sentence

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1.  You pleaded guilty to one count of possession of dangerous drugs, one count of possession of false instruments, one count of possession of ID Card relating to another person, and one count of resisting a police officer in due execution of duty.

2.  Facts revealed that on 2 December last year at around 10.50 pm, police officers stopped you at Hau Wong Road in Kowloon City.  At that time you dropped a plastic holder onto the ground.  Police searched the plastic holder and found inside:

(1) an ID Card relating to another;

(2) a Citibank Mastercard; and

(3) a Washington Mutual Visa Card.

3.  When police proceeded to search you, you dropped another resealable plastic bag which contained white powder, and also two folded $20 bills onto the ground.

4.  When police declared arrest of you, you struggled and attempted to escape.  You were subsequently subdued.  Both the officer and you sustained slight injuries as a result.

5.  After examination it was found that the Citibank Mastercard and the Visa Card were forged; while the two folded $20 bills and the resealable plastic bag contained a total of 2.28 grammes of a powder containing 1.88 grammes of ketamine,

6.  The owner of the ID Card confirmed that he lost his ID Card in October last year in Tsim Sha Tsui.

7.  Facts also revealed that two persons had visited a video shop at around 10.20 pm on the same evening, with an attempt to purchase nine DVDs using the forged Visa Card, but failed.

8.  In sentencing you, I take into account the totality principle, the mitigation put forward by your counsel, as well as your plea.

9.  I also take into account the facts of this case, including your role, the value of the goods involved, the number of cards, as well as the number of persons involved.

10.  I agreed with defence counsel that the scale of operation in this case seems to be small, and the amount of goods involved also small. 

11.  However, there is clear guideline from the Appellate Court that for offences involving possession of forged credit cards and ID Cards relating to another, a custodial sentence is a must.

12.  For the 1st charge, after taking into account the quantity as well as the nature of the drugs, I will take 3 months as a starting point.  Because of your plea, I reduce it to 2 months.

13.  For the 2nd charge, I will take 18 months as the starting point.  Because of your plea, I reduce it to 12 months.

14.  For the 3rd charge, I will take 12 months as the starting point.  Because of your plea, I reduce it to 8 months.

15.  For the 4th charge, I will take 3 months as the starting point.  Because of your plea, I reduce it to 2 months.

16.  The sentences of the 2nd and the 3rd charge to run concurrently to each other; otherwise all sentences to run consecutively to each other; therefore, making a total of 16 months’ imprisonment.