HKSAR v. Chu Yuen Cheong

DCCC1402/2009

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1402 OF 2009

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Reasons for Sentence

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1.Defendant, you pleaded guilty to one offence of using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap. 200, and one offence of possessing a false instrument, contrary to section 75(1) of that same ordinance. You admitted the facts and I convicted you.

2.Briefly, the facts were as follows:-

At around 3 pm on 21 November last, you approached PW1, a sales assistant at Tse Shui Luen Jewellery at JUSCO, Whampoa Garden. You purported to purchase a bracelet valued at $12,470. At the cashier counter you presented to PW2 a Platinum Visa card in the name of Chu Yuen Cheong, which is P1. However, the transaction was rejected and PW2 returned P1 to you and you then left the shop. You were arrested outside JUSCO by police officers who had been keeping you under observation. They located P1 in the front pocket of your trousers. Also, they found a Washington Mutual Visa card, which is P2, in the name of Chu Yuen Cheong in the right front pocket of your trousers. Under caution, you admitted both P1 and P2 to be forged and that you had tried to use P1 to buy the bracelet as you had no money. Subsequently interviewed under caution, you admitted buying P1 and P2 from a one “Ah Ming” for $1,500 each. Forensic examination of P1 and P2 showed them to be forged.

3.You admitted to 12 previous convictions on five separate occasions. You are subject to a suspended sentence but you are not in breach of that suspended sentence as the present offences were committed prior to it being imposed. I noted that the only convictions for dishonesty were in 1982.

4.Mr Wong entered mitigation on your behalf. He told me that you are 46 years of age, educated to Form 5 and a casual worker. You have been cohabitating with a lady from the mainland who gave birth to you daughter in November 2009. Indeed, this is the reason for the offence as you needed money for her medical care. You expressed regret that you were unable to care for her financially due to your incarceration. In mitigation of the offence Mr Wong stressed that you were remorseful, co-operative with the police and made full admissions. There was no international dimension to the offence, nor were you part of a syndicate, in fact no one had suffered any loss, in short, of its kind this is the simplest example of this type of offence. I turn now to the sentence.

5.To assist me in reaching my sentence I am obliged to the prosecution for the provision of HKSAR v Tu I Lang Cr App No. 464 of 2006. This offence shows very similar circumstances to the present offence. In that case, McMahon J laid down a starting point of 3 years’ imprisonment for such offences. However, I did note one major essential difference and that is the defendant in that case had arrived from Taiwan armed with the credit cards, thus giving it an international dimension. In this case there is some mitigation. I do accept that you have co-operated with the police from the outset, the victim lost nothing, the potential loss was quite small, there were only two cards involved, there is no international dimension and there is no suggestion of a syndicate being involved. I also take into account that your motive for the commission of this offence was to assist your girlfriend in the payment of medical bills, not as is so often the case to meet gambling debts or to fuel drug addiction. I have noted that although your criminal record is undistinguished, it is some 28 years since your last convictions for dishonesty. I have also taken into account the contents of the letter that was read to me by Mr Wong on your behalf.

6.Although there are two offences, in reality this is one course of conduct. Taking all factors into account, I do take a slightly lower starting point than was recommended by McMahon J. That starting point is a period of 30 months’ imprisonment reduced to 20 for your plea of guilty. You will go to prison for 20 months on each offence to be served concurrently. I do remind you, of course, that the suspended sentence is still in force.