HKSAR V Tang Wai Man

DCCC 1160/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1160 OF 2008

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Coram: Deputy District Judge Dufton in Court

Date of Sentence: 13 January 2009

Charge: Fraud & using a false instrument (欺詐罪及使用虛假文書)

REASONS FOR SENTENCE

1.The defendant pleads guilty to one charge of fraud, contrary to section 16A of the Theft Ordinance, Chapter 210 (charge 1); three charges of using a false instrument, contrary to section 73 of the Crimes Ordinance, Chapter 200 (charges 2, 4 & 5); and one charge of theft, contrary to section 9 of the Theft Ordinance (charge 3).

Charge 1

2.In summary on the 10th September 2008 the defendant used an identity card belonging to another person to open an electricity account with China Light and Power Limited for property in Shatin.  

Charges 2-5

3.On the 30th August 2008 the offices of Skyworld Realty Consultancy Limited in Yuen Long were burgled.   In the burglary the China Bank passbook and a copy of the identity card of the manager     MO Hoi-cheung were stolen.  

4.The defendant used a forged identity card of MO Hoi-cheung, on which his photograph was substituted, on the 12th September to open another electricity account with China Light and Power Limited for property in Yuen Long (charge 2); on the 16th September to open a savings bank account with the Yuen Long branch of Public Bank      (Hong Kong) Limited (charge 4) and on the 23rd September to apply for three mobile phone accounts at the Tai Po branch of People Mobile Phone Service Limited (charge 5).

5.On the 13th September the defendant went to the Yuen Long branch of the Bank of China and used the China bank passbook of MO Hoi-cheung together with the forged identity card to withdraw $50,000 from the account (charge 3). 

6.The defendant was arrested on the 30th September when he returned to the Tai Po branch of People Mobile Phone Service Limited.  The forged identity card of MO Hoi-cheung was found in his possession. 

7.In passing sentence I have carefully considered everything said on the defendant’s behalf by Mr Lai, including that the offences were committed due to the current financial crisis and greediness.

8.I am satisfied the proper starting point for the fraud and the using of the forged identity card is 9 months on each charge and for the theft of $50,000 from the bank account is 12 months imprisonment.

9.Giving the defendant full credit for his pleas of guilty the sentences are reduced to 6 months and 8 months respectively.  Whilst the offences are similar in nature and charges 2-5 all have a link by use of the same forged identity card they are nevertheless separate and distinct offences committed over a very short period of time, for which consecutive sentences are appropriate.  I am satisfied an overall starting point of three years and six months imprisonment is appropriate.

10.The defendant is sentenced as follows:

Charge 1 - 6 months imprisonment;

Charge 2 - 6 months imprisonment consecutive to charge 1;

Charge 3 - 8 months imprisonment consecutive to charges 1 & 2;

Charge 4 - 6 months imprisonment consecutive to charges 1, 2 & 3; and

Charge 5 - 6 months imprisonment with 2 months consecutive to charges 1, 2, 3 & 4 and 4 months concurrent;

I am satisfied a total sentence of 2 years and 4 months imprisonment properly reflects the defendant’s criminality on these five charges.