HKSAR v. Chan Ka Ying

DCCC780/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 780 OF 2010

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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 to one offence of possession of false instruments, contrary to section 75(1) of the same ordinance.

2.You admitted the brief facts and I convicted you.

3.Briefly what occurred is this.

4.At about 1430 hours on the 11 May of last, you purchased two Louis Vuitton handbags from Yaki Champion Limited, 9th floor, Chuang’s London Plaza at Nathan Road, using an HSBC Visa card in your own name.  The total cost was some $13,400.   PW1 was later informed by the bank that the credit card was forged.  This is Charge 1.

5.At about 1600 hours on 26 May of last, you visited the company again.  PW1 recognised you and the police were called.

6.Upon arrest and search, the police found six credit cards, three of which were in your name, and three in the names of others.  These were variously located in your handbag and your wallet.  That is the 2nd offence.

7.Under caution, you claimed that your friend, Cheung Ho-ying gave you the credit cards for making purchases and you denied knowledge of their falsity.

8.Later analysis showed them to be forged.

9.Defendant, you are of hitherto clear record.  I had to adjourn the sentence for a probation officer’s background report, which is now before me and accepted by yourself.  The report itself is favourable and even sympathetic to your plight.

10.On your behalf, Mr Cham has entered mitigation. He told me there is some support of this by the probation officer’s report that the offences occurred because you had fallen into debt because of two failed business ventures.  Further, that not only the businesses failed, but you had been the subject of deception by friends and partners.

11.Mr Cham produced on your behalf four letters: one from yourself and three from members of your family.  I note from the letter that you have written that you expressed remorse and that you miss your son.

12.Mr Cham also told me and this is confirmed by the lady herself that your aunt is present in court and will continue to render support.

13.With reference to the offences themselves, he told me that you had obtained little by way of reward.  He referred to your clear record and your plea of guilty, asking for leniency.  He confirmed that you missed your son.

14.I turn now to the sentence.

15.These are serious offences; there can be no doubt of that.  Mr Cham faces up to the reality of the situation that only a substantial prison sentence is warranted.

16.However, I do confess to a degree of sympathy for your plight.  I note that you are of hitherto clear record.  I accept that you committed the offences out of financial difficulties, in circumstances where you were misled and betrayed by your business associates.  This suggests to me a degree of naivety on your part.

17.I also accept that your remorse is profound and genuine, that you miss your 7-year-old son greatly.  It is clear from the reports that you have tried to be a good mother and indeed a good wife.

18.I note that, with gratitude to the prosecution, the sentence in precedent of HKSAR v Tu I Lang, CACC464/2006.

19.I note also that your marriage is very much in the balance because of this present situation and other factors.

20.I am prepared to accept that your reward for taking part in these crimes were small and that the operation itself was of relative small scale.

21.Though there were two offences, I have taken an overall view of the situation.  I am taking the relatively low starting point of 30 months’ imprisonment.

22.This will be reduced to 20 months for your plea of guilty.

23.You will therefore go to prison for 20 months on each offence, to be served concurrently.