HKSAR v. Chan Kwok Cheong

DCCC476/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 476 OF 2010

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Reasons for Sentence

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1.The defendant has pleaded guilty to two charges, one of obtaining property by deception, and two, of possession of a false instrument, namely two credit cards.

2.The facts of the case are very straightforward.

3.He was observed using fake credit cards by police officers. He went to a jewellery shop in Hung Hom and successfully used a forged credit card to buy a gold necklace worth $6,600. He was arrested as he left the shop.

4.He admitted that he helped someone to use the forged credit cards in exchange for financial benefit. Somebody called Ah Ming on that same day gave him two credit cards to use and he would obtain about 10 per cent of the value of the goods he successfully purchased.

5.The defendant is only 18 years old and has a clear record.

6.I will say first of all that the courts view credit card frauds very seriously. Firstly, they result in millions of dollars of loss to financial institutions every year, and it affects the reputation of Hong Kong as a commercial centre. That is why there are many many authorities that hold immediate custodial sentences of fairly lengthy periods as appropriate.

7.Because of your plea and your age and your clear record, I had called for reports. Because I knew of your history of asthma, I assumed that you would not be suitable for a detention centre.

8.The report’s recommendation is a period of detention in a rehabilitation centre.

9.I have many details as to your background. The content of the report is very detailed.

10.You come from quite a troubled family background. Your mother has been suffering from mental problems for nearly 30 years and obviously it comes and goes but she does have a history of emotional episodes as well as suicidal tendencies. Sadly, it has led to the break up of your family. However, despite your young age, you have obviously been a huge support to your mother and your mother obviously heavily relies on you. Most young teenagers without much discipline or control would have left your mother to her own devices, abandoned her, and run wild.

11.You, instead of doing that, have stood by your mother and you live with her, you obviously keep an eye on her, and it seems that you have been bearing the brunt of her financial problems. She overspends and has incurred debts and therefore receives calls and visits from debt collectors. I have been told today that just before the offence your mother lost control when being chased by these predators, and you obviously felt you had to try and help her debt problems.

12.You yourself dropped out of school. You were not a good student. Clearly, having suffered asthma seriously from a young age, you were left behind at school and could not catch up.

13.Despite not achieving at school, you have still worked since you left school in 2007. You have been helping your father and following your father you have done an apprenticeship. For the last year you have been working in a decoration company.

14.I have a letter from your employer that says you have worked there for a year and your performance was good, you were quick to learn, had a good working attitude and were responsible. You have managed to budget yourself with your income, which was not a lot.

15.Having read the report, heard mitigation and seen your mitigation letters, I will accept and believe that you were tempted to earn money in this way because of your care and concern for your mother. Because you have previously not been in trouble with the police, I am more inclined to believe that this is the truth.

16.Even though when you were young you still had your problems and associated with bad peers, you have been working consistently for a long time - a year - so I am inclined to not consider a term of imprisonment but to follow the report’s recommendation.

17.I will for Charges 1 and 2 sentence you to a term of rehabilitation in a rehabilitation centre. The orders will be served concurrently.