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HKSAR v. Ding Wei

Case No.DCCC 1085/2010
Court
District Court
Date02 Nov 2010
Judge—
Case Document
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DCCC 1085/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1085 OF 2010

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  HKSAR  
  v  
  Ding Wei  
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Coram: Acting Chief District Judge S. T. Poon
Date: 2nd November 2010
Present: Mr. Bobby Cheung of the Department of Justice for HKSAR.
Mr. Tse Lin Fung Charles of Mrs. Yip, Tse & Tang assigned by Director of Legal Aid for Defendant.
Offence:   (1) Using a false instrument, contrary to section 73 of the Crimes Ordinance, Cap. 200. 使用虛假文書，違反香港法例第200章《刑事罪行條例》第73條。
(2) Possessing false instruments, contrary to section 75(1) of the Crimes Ordinance, Cap. 200. 管有虛假文書，違反香港法例第200章《刑事罪行條例》第75(1)條。

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Reasons for Sentence

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1.The Defendant pleads guilty to 1 count of “Using a false instrument” and 1 count of “Possessing false instruments”. 

2.On 3rd August 2010 the Defendant presented a forged Visa Card to the salesperson of a Perfume Shop in Tsimshatsui for purchase of 5 bottles of perfume in the amount of HK$4,285.  The salesperson suspected that the Visa Card was a forged card and made a report to the police.  The Defendant was caught with another 3 forged credit cards on arrest.   

3.The Defendant is a Mainlander.  He is now 23 years old.  He came to Shenzhen with his wife 2 years ago hoping for a job but in vain.  He was given the forged credit cards by a friend and used them in Hong Kong.  He was arrested the first date he arrived.

4.As submitted by Mr. Tse, the present case is similar to the facts of HKSAR v. Tu I Lang Cr App 464/2006.  In Tu I Lang, the defendant was a Taiwanese, he used a forged credit card to purchase a mobile phone and 2 more forged credit cards were found on him upon arrest.  The Court of Appeal viewed that it was a “small scale credit card offence” and reduced the starting point of 4 years imprisonment adopted by the District Court to one of 3 years. 

5.Although the number of forged credit cards involved in the present case is one card more than that in Tu I Lang, I see no reason not to adopt a similar starting point in this matter. 

6.I note that the Defendant has a clear record in Hong Kong. There is however no substantial mitigating factors apart from his guilty plea.

7.I adopt the starting point of 3 years imprisonment for each charge.  Taking into account the guilty plea and the totality principle, the Defendant is sentenced to 2 years imprisonment for each charge and the terms of imprisonment are to run concurrently.

  S. T. Poon
  Acting Chief District Judge