HKSAR v. Chen Kwong Fui

DCCC 761/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 761 OF 2013

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Reasons for Sentence

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1.The defendant has pleaded guilty to two offences of using a false instrument. In each case the instrument was a false credit card. A third charge related to the defendant being in possession of two further false credit cards.

2.The facts admitted by the defendant are that at 10 past 4 on the afternoon of 16 May, he went into a shop called Studio A, which is in Grand Century Place, Prince Edward Road, West Mong Kok.  He told the attendant at the shop that he wanted to purchase a Mac Airbook notebook computer which is valued at $9,188.  He produced a false American Express card in his own name, and the attendant immediately noticed that the quality of the card was substandard and that the card appeared to be improper.

3.The defendant produced his Malaysian passport for verification, and although the attendant noticed that the name and signature on the passport were the same as those on the card, he was still suspicious, and asked if he had any other credit cards.  The defendant produced a false American Express card, and again, the attendant noticed that the standard was not what it should be.

4.The attendant indicated that he needed to check the credit card codes with the card centre, and delayed the transaction whilst covertly reporting the matter to the police.  The police arrived shortly afterwards and the defendant was arrested for using the two false credit cards, and he was found in possession of two further false credit cards, one an OCBC Bank Visa card, and the second, a One Sun Trust Bank Visa card.

5.He admitted his offences straight away, telling the police that he had bought the cards from a male in Malaysia for $500.  He said he did not know him and did not know how to contact him.

6.The defendant was the holder of a Malaysian passport, and that indicates he came to Hong Kong on 14 May, two days before the offence.

7.The defendant has a clear record.  He is aged 42, born in Kuala Lumpur.  He was educated to Level 3 Secondary Standard in Malaysia.  He was working in Malaysia as a printer, earning some 1500 Malay dollars a month.  He is married, but separated from his wife since mid-2012.  His father is in his early 70s and had a stroke two years ago, and his mother is a housewife, aged 69.  He has a younger brother, who also works as a printing worker.

8.It was urged upon me in mitigation that the defendant had pleaded guilty to these offences at the earliest opportunity and made frank admissions to the police.  That this was not a sophisticated operation, and the quality of the cards was such that they raised the suspicion of the attendant, who inspected them, straight away.  There is no evidence to suggest that this was part of a larger operation, and fortunately, no loss was incurred in this case, although clearly the most important factor in offences like this is the potential for loss.

9.In respect of the first two offences, I take a starting point of 3 years, and 2 years for the third offence.  The defendant is entitled to those sentences being reduced to reflect his guilty plea.

10.In respect of the first two offences, he will go to prison for 2 years, and in respect of the 3rd charge, he will go for 16 months.  The sentences will all be served concurrently.