HKSAR v. Ong Siu-sin Kevin

DCCC1010/2010

IN THE DISTRICT COURT OF THE

HONG KONGSPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 1010 OF 2010

----------------------

----------------------

---------------------

Reasons for Sentence

---------------------

1.You were convicted of a total of 13 counts of fraud and two counts of theft.

2.The facts revealed that you came to know the two women in this case, that is PW1 and 3, sometime in 2007 via the internet. Soon afterwards, you developed an intimate relationship with both of them. Exploiting the relationship with them, you had on no less than 48 occasions used PW1 and 3’s credit cards without their knowledge and consent. The amount of money involved in these 13 counts of fraud was around $80,000.

3.But the court noticed that the 11 counts of which were merely specimen charges of the 48 occasions but only two women were involved in this case, it seems that this is not an isolated incident and you had a habit of practising fraud against women.

4.From the record, it can be seen that in the case of ESCC5576, you deceived three other women in 2006; in the case of KCCC797/2009, you deceived a woman between the end of 2008 and beginning of 2009; and also in the case of ESCC1848/2009, you took $600 from your woman friend’s purse and then disappeared, and in that case you were convicted of one count of theft.

5.As His Honourable Macintosh J in the appeal case HCMA733, 734, 735/2009 said, that you had shown yourself to be persistently dishonest towards gullible women that you were a menace to such women in respect of whom you had shown yourself to be wholly unscrupulous.

6.I totally concur with His Honourable Justice’s observation.

7.Finally, in sentencing you, I will take into consideration that these offences were old, they were all the way back to 2008, and I also take into consideration the totality principle.

8.For the 1st charge, the fraud charge, you are sentenced to 12 months’ imprisonment; for the 2nd charge, of theft, you are sentenced to 6 months’ imprisonment; for the 3rd charge, another fraud charge, you are sentenced to 12 months’ imprisonment. The sentences of these two charges are to run concurrent to each other but consecutive to all other sentences.

9.For the 4th charge, another theft charge, you are sentenced to 18 months’ imprisonment, and for the 5th to the 15th charge, all fraud charges, you are sentenced to 30 months each. The sentences of the 4th up to the 15th charges are to run concurrent to each other but consecutive to all other sentences.

10.If my calculation is correct, this makes a total of 54 months, so perhaps counsel can assist me to make sure the figure is correct.

11.Finally, this 54 months is to run consecutive to the current sentence you are now serving.

Please refer to CACC129/2011 for the relevant appeal(s) to the Court of Appeal.