HKSAR v. Yip Lai Fun

DCCC1391/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1391 OF 2010

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Before: H H Judge Longley

Date: 31 January 2011 at 3.28 pm

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Reasons for Sentence

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1.Yip Lai-fun, you have been convicted on your own pleas of using a false instrument, contrary to section 73 of the Crimes Ordinance (Charge 1), possessing a false instrument, contrary to section 75(1) of the Crimes Ordinance (Charge 2), and possession of the forged identity card, contrary to section 7A(1) of the Registration of Persons Ordinance (Charge 3).

2.The false instruments to which Charges 1 and 2 relate were forged credit cards.  All three charges arise from an attempt by you to buy an Apple i-Pod at a cost of $5,188 at a shop at the airport on 26 November last year.  You presented a forged Westpac MasterCard in your own name.  When the shop assistant rang the bank for an approval code you started to get nervous.  Initially you asked for the card back, and then you attempted to snatch it back before you left the shop. 

3.You were later stopped by the police, and you put up a struggle.  The police found another forged credit card in your name inside your purse.  This card was an American Express OPTIMA Card.  You admitted it was forged.  Inside the same purse there was also a forged Hong Kong Identity Card in the name of Wong Sau-yung.  I have been told by Mr Lai that you had been given the two forged credit cards by a friend, who would give you a reward of a few hundred dollars for using them. 

4.I have not been given a very clear explanation as to why you were in possession of the false identity card.  First I was told that it was given to you for custody.  Then I was told that it was given to you by the same friend for use in the future.  I can only assume that the future use must have been in connection with credit cards. 

5.The courts regard offences involving false credit cards very seriously.  The integrity of the credit card system is vital to modern commercial life, particularly when it comes to retailers.  When someone attempts to use a forged credit card, it does not simply affect the retailer involved.  It attacks the whole system which most people depend on. Although your attempt to use one of the two credit cards was unsuccessful on this occasion, I have to bear in mind that if it had not been detected you could have well gone on to commit further offences.

6.In considering the appropriate starting point, I take into account that, although you do have a criminal record, your previous offences were unrelated to credit cards, and it is now several years since you were last before the courts.  In my view, the appropriate starting point for each of the two credit card offences is 2½ years' imprisonment, and the appropriate starting point on the charge of possession of the false identity card is 12 months' imprisonment.

7.I would regard an appropriate overall starting point on these three charges as 3 years' imprisonment.  You pleaded guilty and you are entitled to the usual discount of one-third.  In normal circumstances that would warrant overall sentences of 2 years' imprisonment. 

8.However, there is, in your case, a particular circumstance which, in my view, warrants a lesser overall sentence.  You are a divorced woman and have two young sons aged five and eight.  Your elder son is now living with your grandmother.  Unfortunately, as a result of your arrest, your young son is now in the care of the Social Welfare Department.  I have to bear in mind that during any period of imprisonment that I impose on you your young sons will be deprived of your love and care. 

9.For that reason, although the sentences I pass on each individual charge is the same as I would otherwise have passed, I am prepared to order that they all run concurrently with each other. 

10.On Charge 1, you are sentenced to 20 months' imprisonment; on Charge 2, 20 months' imprisonment; and Charge 3, 8 months' imprisonment.  All these sentences are to run concurrently.  That means you are sentenced to an overall sentence of 20 months' imprisonment.