HKSAR v. LIM CHON CHEN

DCCC668/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 668 OF 2011

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to three charges before me. The 1st and 2nd charges are charges of using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap. 200. The 3rd charge is one of possessing false instruments, contrary to section 75(1) of the Crimes Ordinance. All three charges relate to forged credit cards and were all committed on 8 May 2011.

2.  In the first two charges, you had used two separate forged credit cards either in attempt to or in successfully purchasing goods.  The 3rd charge relates to you being in possession of three other forged credit cards.

3.  As to the 1st charge, you had used a forged credit card in your name in attempt to purchase an iPad valued at $5,488.  However, the salesman suspected that the card was not genuine and upon checking learned that the card was not issued by the relevant bank, he therefore called the police.  When the police arrived you were arrested for the offence. 

4.  Upon caution you said, “I have done it, the card was given to me by an unknown person.”

5.  In respect to the 2nd charge, you had used a forged credit card to purchase two Starbucks Coffee store value cards each valued at $300, making a total value of $600.  This transaction was successful. 

6.  When you were stopped and searched by the police, the other three forged credit cards were found in your possession which is the matter relating to the 3rd charge.  You admitted that those three cards were all forged but you had not used them. 

7.  Mr Lee Wai-cheong, your solicitor, has mitigated on your behalf this morning.  I have taken into account all that he has to say.

8.  You are 22 years of age and have a clear record. You were born in Malaysia and came to Hong Kong from Malaysia.  You are a decoration worker in Malaysia.  I am informed by Mr Lee that your father passed away when you were very young, at the age of 11, and therefore you were forced to go out and earn a living and help to support your family.

9.  You had heard in Malaysia that if you came to Hong Kong, you would be paid $500 a day if you used with these forged credit cards to purchase goods.  The arrangement was that after the purchase of the goods they would be given back to the person who gave the forged credit cards to you. 

10.  When you came to Hong Kong you were arranged to stay in a motel in Mong Kok.  It was there someone brought these forged credit cards to you for your use.  You would then bring the goods back to the motel and you would receive $500 a day.

11.  I am told that you regret your wrongdoing in this offence and through your plea of guilty, you have shown your remorse.

12.  It is clear from the cases that using forged credit cards and being in possession of forged credit cards attract an immediate custodial sentence.  In this case it appears that you were a cog in the wheel and did not play a major role but were the person using the forged credit cards to purchase the goods and then giving the goods to others upon receiving a remuneration of $500 a day.  There was a clear connection to an international dimension in that you had come to Hong Kong from Malaysia specifically to commit this type of offence. 

13.  The courts also look at the amount of money involved and also the number of forged credit cards involved.  In this case you had attempted to purchase an iPad valued at $5,000 odd and had used one of the forged credit cards in the value of $600, making a total of about $6,000 odd.  In total, you had in your possession five forged credit cards which is not a small number. 

14.  Taking all these matters into account, had I convicted you after trial and taking into account the principle of totality, I would have taken a starting point of 3 years and 3 months’ imprisonment after trial.  However, as you have pleaded guilty, the usual one-third discount will be given to you and that term will be reduced to one of 2 years and 2 months’ imprisonment for all three charges in total.  However, I must sentence you individually for the present charges.  

15.  I would have taken a starting point of 3 years’ imprisonment and reduce those terms to 2 years’ imprisonment after your plea of guilty on all charges.  All charges will run concurrent to each other, save for 2 months of Charge 3 is to run consecutive to Charge 1.  So you are sentenced to imprisonment to 2 years and 2.