HKSAR v. NG YING HO

 DCCC54/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 54 OF 2010

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Reasons for Sentence

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1.  Defendant, you have pleaded guilty to two charges: the first being an offence of Using a False Instrument, contrary to section 73 of the Crimes Ordinance, Cap. 200, the false instrument being a forged Citibank Mastercard in the name of another person; and the second being an offence of Possession of False Instruments, contrary to section 75(1) of the Crimes Ordinance, Cap. 200, the false instruments being two forged Citi Business Mastercards, one in your name and the second in the name of another person.

2.  The brief facts which you have admitted are quite straightforward and indicate that you, together with another person, went to an HMV shop in Gloucester Road, Causeway Bay, and attempted to purchase some Playstation goods and an Apple i-Pod Touch for $6,874 by using the forged credit card named in Charge 1.  When the staff member swiped the card and waited for approval from the Card Centre you became impatient and snatched the card back from the staff member.  You attempted to make good your escape from the shop, but were apprehended by the staff member.  The other person with you, however, managed to escape. 

3.  When the police arrived at the shop you were arrested.  When you were searched the two forged cards, being the subject matter of Charge 2, were found on you.  Amongst other things, you told the police that you had bought the forged credit cards for $6,000 from Ah Wah two weeks prior to the commission of the offences.

4.  By way of mitigation, I am told that you used to be a transportation worker, earning some $11,000 per month.  But since last year the company closed down, and you have become unemployed.  The offences were committed by you as you were under financial pressure. 

5.  There is no doubt that offences involving credit cards are very serious.  Deterrent sentences are necessary in order to preserve the integrity of the credit card system, as credit cards and their use have become so much a part of the ordinary way of life.  Although the amount of money involved in the present case is relatively small, some $6,800 or thereabouts, it is the potential for much larger sums of money to be lost in the future that one must not lose sight of.  I do, however, accept that there is no international dimension involved, and I am satisfied that you are not part of any illegal credit card syndicate. 

6.  You are still only 20 years of age and already have three previous convictions, your most recent being an offence of burglary for which you were sent to a training centre.  I take into account all that has been said on your behalf by way of mitigation in sentencing you.  But the only real mitigation is your plea of guilty, which is an expression of your remorse, and I will give you credit for that.

7.  On both charges my starting point is one of 3 years’ imprisonment.  I will discount this sentence by one-third to take account of your plea of guilty, coming to 2 years’ imprisonment on each charge. 

8.  Due to the question of totality of sentence, I order these sentences to run concurrently with each other, coming to 2 years’ imprisonment in all.