HKSAR v. Chu King Shing, Danny

Case No.DCCC 1357/2009

Court

District Court

Date15 Jan 2010

Judge—

Case Document

100%

DCCC1357/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1357 OF 2009

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	HKSAR
	v.
	Chu King-shing, Danny

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Before:

HH Judge Toh

Date:

15 January 2010 at 10.20 am

Present:

Mr Michael Tsang, PP, of the Department of Justice, for HKSAR
Mr Lai Wing-fai, of Messrs LCP, assigned by the Director of Legal Aid, for the Defendant

Offence:

Possessing false instruments (管有虛假文書)

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Reasons for Sentence

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1. The defendant has pleaded guilty to possessing false instruments, contrary to section 75(1) of the Crimes Ordinance, Cap. 200.

2. The particulars are that he was found in possession of three Visa cards purportedly issued by three different banks, in the name of another person Wong Sik-yan.

3. The defendant was searched by patrolling officers in Portland Street, Mong Kok, at 3.18 am when they saw him standing around, acting suspiciously. These cards were found hidden in the defendant’s right shoe.

4. Under caution, the defendant admitted that he had bought these forged cards with a view to using them to buy goods in order to earn money.

5. The defendant is aged 45 and has some 11 previous convictions. He has been to prison many times. Although there is nothing similar to the present offence in his past.

6. I am informed by Mr Lai in mitigation that the defendant is a divorced man and that he committed these offences under economic pressure. The only mitigating factor I see in this case is the fact that the defendant had pleaded guilty.

7. In a serious offence of this nature, the most important consideration is the potential for loss. See HKSAR v Ng Siew Tiam [2001] HKLRD 772. Therefore it is clear that a deterrent sentence is applicable for offences of this nature. Of course I accept the fact that there is no evidence whatsoever that this defendant was part of any syndicate or there was any international dimension, but one must bear in mind however that this type of offences actually destroys the integrity of our financial and banking system.

8. So taking into account all the facts in this case and the background of the defendant, I consider that a proper staring point is one of 3 years' imprisonment. And because of his plea, he is entitled to one-third discount, so the sentence is reduced to 2 years' imprisonment.

(E. Toh)
District Judge