Case Document

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DCCC 940/2014

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 940 OF 2014

____________

	HKSAR
	v
	PANG KAM WING
_________

Before:

HH Judge Dufton

Date:

16 December 2014

Present:

Miss Chan Sze Yan, SPP (Ag.), of the Department of Justice, for HKSAR
Mr Eric Tang of Morley Chow Seto,
assigned by the Director of Legal Aid, for the defendant

Offences:	(1) Using a false instrument (使用虛假文書)
	(2) Attempting to use a false instrument (企圖使用虛假文書)
	(3) Possessing false instruments (管有虛假文書)

________________________

REASONS FOR SENTENCE

________________________

1.Pang Kam Wing you have pleaded guilty to one charge of using a false instrument, contrary to section 73 of the Crimes Ordinance, Chapter 200; one charge of attempting to use a false instrument, contrary to sections 73 and 159G of the Crimes Ordinance; and possession of false instruments, contrary to section 75(1) of the Crimes Ordinance.

2.In summary at about 6:26 p.m. on the 11 September this year you used a forged credit card in your name to buy two bottles of wine and a packet of cigarettes valued at $4,395 from the DFS Galleria shop at the airport. Payment was successful.

3.At about 7:00 p.m. you attempted to use another forged credit card in your name to buy a wallet valued at $4,700 and a handbag valued at $14,500 from the Miu Miu shop, also at the airport. Payment this time was not successful.

4.The manager of Miu Miu suspecting the credit card was forged made a report to the police. You were arrested at about 8:00 p.m. while sitting outside Gate 523. You were found in possession of seven forged credit cards all in your name, including the two cards used at the DFS Galleria and Miu Miu shops, together with the sales slip for the wine and cigarettes. The wine and cigarettes were however no longer in your possession.

5.Under caution and in a subsequent video interview you admitted the cards were false and that you had purchased them from a male in Lo Wu Tsuen for RMB1,000 each.

6.I have carefully considered everything said on your behalf by Mr Tang together with your mitigation letter. Although you have similar convictions in 2009 for which you received a sentence of 2 years and 4 months imprisonment I note you remained out of trouble for over 3 years after serving that sentence.

7.In passing sentence I take into account the factors which a sentencing judge will need to consider in credit card frauds as set out by the Court of Appeal in R v Chan Siu To [1996] 2 HKCLR 128, including the size of the operation; the planning that had gone into perpetrating the fraud; whether there is an international dimension; and whether the accused played a major role. The factors were not intended however to be exhaustive but provide valuable assistance to the court. The courts have repeatedly stressed that deterrent sentences are to be imposed.

8.Where the facts of the offence point to a small unsophisticated operation, involving one or a few forged cards uncomplicated by other evidence materially linking the offender to a larger operation, a starting point of 3 years or less may be appropriate (see for example HKSAR v Tu I Lang CACC 464/2006).

9.Higher sentences have been held appropriate for example where the defendant was obviously part of a wider organisation that had caused cards to be printed specifically for him (see for example HKSAR v Au Yeung Shu Sang CACC 474/2006).

10.As pointed out by Mr Tang the quality of the cards was very poor and therefore the chance of successful use may be low. The fact however remains one card was successful showing all merchants do not check the cards carefully. Goods of relatively high value were targeted. The total value of the goods you tried to buy with two of the forged credit cards was $23,595. The potential loss therefore from the use of seven cards nevertheless remained substantial.

11.I am told you bought the cards in Shenzen and then bought an air ticket to Guanzhou so that you could use the cards in the airport terminal where you thought they would be easier to use because American Express cards are not widely used on the Mainland. You say that you acted alone and that after obtaining the wine and cigarettes you left them in a toilet while you went to Miu Miu only to find them missing when you returned to the toilet.

12.As indicated in court I do not accept that you were acting alone and that you left the wine and cigarettes in a toilet. You have elected not to give evidence in support of these assertions. I am satisfied the only inference to draw is that you were part of a syndicate to whom you handed over the wine and cigarettes. The fact all the cards were in your name also shows your link to a wider organisation that caused cards to be printed specifically for you.

13.I am satisfied the proper starting points after trial for using a forged card and attempting to use a forged card is 3 years and 6 months and for possession of seven forged credit cards is 4 years imprisonment.

Sentence

14.Giving you full credit for your pleas of guilty you are convicted and sentenced as follows:

Charge 1 - 2 years and 4 months imprisonment;

Charge 2 - 2 years and 4 months imprisonment; and

Charge 3 - 2 years and 8 months imprisonment.

The forged credit cards used in charges 1 & 2 being two of the seven cards in charge 3 I am satisfied concurrent sentences are appropriate. You will serve a total sentence of 2 years and 8 months imprisonment which I am satisfied properly reflects your criminality on the three charges.