HKSAR v. Tang Bun

HCMA000235/2002

HCMA235/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.235 OF 2002

(ON APPEAL FROM ESCC 4085 OF 2001)

-------------------------

-----------------------

Coram: Deputy High Court Judge Wong in Court

Date of Hearing: 8 May 2002

Date of Judgment: 8 May 2002

Date of Reasons for Judgment: 31 May 2002

----------------------

J U D G M E N T

----------------------

1.The appellant pleaded guilty before a magistrate to four charges of theft and three charges of using a false instrument. The magistrate sentenced him to a term of imprisonment, totalling seven and a half months. He appeals against the sentence.

2.The admitted facts were that between August 1999 and June 2000 the appellant, whilst an insurance agent with Canadian Eastern Life Assurance Limited ("CELA"), on four occasions stole the yearly premiums given by his clients. In only one case did the appellant remit a small part of the premium to CELA. On three occasions the appellant issued false receipts by cutting and pasting photocopies of old CELA receipts and handing them to his clients.

3.In July 2000 one of the clients discovered that his insurance policy had been terminated and complained to CELA. CELA investigated the matter and questioned the appellant. The appellant admitted that he had not returned the premiums to the company. The appellant was dismissed but promised to repay the premiums. CELA reactivated the policies of the clients, however the appellant only repaid part of the premiums, with a sum of $13,530 still owed to CELA. The case was then reported to the police.

4.In his Reasons for Sentence, the magistrate made these observations :

" The appellant breached the trust placed in him by his employer by not remitting the full premium. The appellant also breached the trust placed in him by his client, who may as a result of the appellant not remitting the premium have been left uninsured. The offences were committed over a period of nearly 12 months and showed a degree of planning by the use of forged receipts.

The insurance industry relies upon the honesty and integrity of the agents. I was satisfied that a deterrent sentence was appropriate to protect the integrity of the insurance industry and to deter other insurance agents from committing similar offences."

5.He took an overall starting point of 15 months and reduced the sentence by half on account of the appellant's guilty pleas and that full restitution was made.

6.I fully agree with the observations of the magistrate. In my view, the sentence of seven and a half months' imprisonment is appropriate. It is neither manifestly excessive nor wrong in principle.

7.Accordingly, the appeal is dismissed.

Representation:

Mr J.W. Dick, SGC of DPP, for the Respondent

Mr Suen Kam Hee, assigned by the Director of Legal Aid, for the Appellant in person, present