HKSAR v. Mak Ho Yin

DCCC206/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 206 OF 2010

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Reasons for Sentence

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1.You are convicted after trial for one count of possession of false instruments, namely 16 forged credit cards, one count of handling stolen goods and one count of possession of an ID card relating to another.

2.Facts revealed that you were in your custody and control of these 16 forged bank cards as well as credit cards, ID card, driving licence, membership cards, etc., of others which were either stolen or lost.

3.Evidence also suggests that you had in your control and custody a vast amount of personal particulars belonging to others as well as data stored in your computer that other persons’ personal particulars had been used in online purchase without their authority. 

4.Counsel submitted on your behalf that those letters, membership cards, ID card, driving licence, cheque books of others were no use to you.  I do not agree.  These items all provide useful material to people who could make use of them to manufacture forged credit cards or take part in online purchase without the victim’s authority.  Although no evidence that you took part in manufacturing any of these forged credit cards or online purchase using others’ personal particulars, your role was clearly more than a mere custodian of these cards and personal particulars.

5.The offences you are convicted of are all serious and the facts revealed that, as I have said, your role was more than a mere custodian of these cards and personal cards.

6.There is no tariff for this kind of offences, but in the light of the seriousness of the offence and the facts, it no doubt calls for an immediate custodial sentence for a substantial period of time. However, I agree with defence that it warrants the court to consider ordering the terms of imprisonment to run concurrently to each other.  Therefore, for the 1st charge, you are imprisoned for 30 months.  The 2nd charge, also imprisonment for 30 months.  The 3rd charge, imprisonment for 6 months.  All sentences to run concurrently to each other, therefore, a total of 30 months. 

Defendant's leave to appeal his conviction on 3 charges to Court of Appeal. Leave to appeal in relation to 1st and 3rd charges refused. In respect of 2nd charge, leave granted but appeal dismissed. Please refer to CACC46/2011 dated 30 September 2011