A A
DCCC1068/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 1068 OF 2011 C
D
---------------------- D
HKSAR
E E
v.
F Liu Cheuk-wai F
G ---------------------- G
Before: Deputy District Judge Woodcock
H Date: 10 November 2011 at 3.25 pm H
Present: Mr Winston Chan, SPP, of the Department of Justice,
for HKSAR
I Mr Law Pui-lung Eddie, of Eddie P L Law & Co., I
assigned by the Director of Legal Aid, for the
J Defendant J
Offence: (1) Using a false instrument (使用虛假文書)
(2)-(4) Attempting to use a false instrument (企圖使用虛
K K
假文書)
(5) Resisting police officers in the execution of
L their duties (抗拒執行職責的警務人員) L
(6) Possessing false instruments (管有虛假文書)
M M
---------------------
N Reasons for Sentence N
---------------------
O O
1. The defendant has pleaded guilty today to:
P P
(1) one count of using a false instrument;
Q Q
(2) three counts of attempting to use a false
R R
instrument;
S S
(3) one count of possessing false instruments.
T T
2. All the false instruments refer to fake credit cards,
U a total of seven. U
CRT26/10.11.2011/ML 1 DCCC1068/2011/Sentence
V V
A A
3. Lastly, he has pleaded guilty to one charge of
B B
resisting police officers in the execution of their duties,
C contrary to section 63 of the Police Force Ordinance, Cap.232. C
D 4. I note this is what could be described as the less D
serious charge of resisting police officers. I note the maximum
E E
penalty for that section 63 offence is 6 months’ imprisonment.
F F
5. The facts of this case are very straightforward.
G G
6. The 1st and 2nd charge relate to an incident on 25 May
H this year. The defendant entered a Jusco department store in H
Tuen Mun and successfully bought a Nokia N8 mobile phone valued
I I
at $3,688 with the first fake credit card.
J J
7. He rather foolishly returned 10 minutes later - I
K
assume because he was successful the first time - and tried to K
buy a second phone from the same salesperson. This attempt to
L buy a Sony Ericsson valued at $1,580 was unsuccessful. L
M 8. This time, the saleslady felt suspicious and asked the M
defendant to wait so she could check the credit card. When she
N N
refused to return the credit card at the defendant’s request, he
fled the scene.
O O
P 9. Some one month later, on 27 June, the defendant P
committed Charges 3, 4, 5 and 6. He entered a computer shop in
Q the Golden Computer Arcade in Sham Shui Po and tried to buy a Q
PSP game console valued at $1,380.
R R
10. He gave the shop owner a second fake credit card, but
S S
the transaction was not successful. The defendant then produced
T a third fake credit card to the owner and, once again, it was T
unsuccessful.
U U
CRT26/10.11.2011/ML 2 DCCC1068/2011/Sentence
V V
A A
11. Quite rightly, the owner was suspicious and asked the
defendant straight out were they fake credit cards. The
B B
defendant immediately fled the scene.
C C
12. This owner chased the defendant, which alerted the
D attention of two off-duty police officers. They joined in and D
eventually subdued the defendant, but not without a struggle,
E E
hence Charge 5. They both suffered minor injuries.
F F
13. Under caution, the defendant made an admission.
G G
14. At the police station, the last four fake credit cards
H were found in the defendant’s wallet. All these credit cards are H
printed with the defendant’s Chinese name.
I I
15. Under further caution, the defendant admitted that he
J J
knew they were fake. He explained how and why and from whom he
K
got these cards. K
L 16. The defendant is not a man of clear record. He has L
many previous convictions, mainly for theft and dangerous drugs.
M The defendant has been in and out of either prison or Drug M
Addiction Treatment Centres since about 2003.
N N
17. I have heard the defendant’s background from counsel
O O
and his antecedents.
P P
18. The defendant was brought up by his grandparents from
Q a young age. The defendant quite openly admits he has Q
disappointed his grandparents, but his grandmother is here to
R R
support him despite that.
S S
19. All credit card frauds are serious offences, and
T prison sentences of certain lengths are inevitable. T
U U
CRT26/10.11.2011/ML 3 DCCC1068/2011/Sentence
V V
A A
20. I have considered the authority of the R v Chan Sui To
[1996] 2 HKCLR 128 at page 134, which sets out relevant factors
B B
for the court to consider when sentencing, including:
C C
(1) the size of the operation, which refers to the
D number of persons involved, the number of fake D
cards, as well as the amount of loss suffered;
E E
(2) secondly, whether there is any international
F F
dimension;
G G
(3) thirdly, what is the defendant’s role in this
H operation; H
I I
(4) fourthly, whether the planning behind the operation
is elaborate or simple;
J J
K
(5) lastly, whether the defendant pleads guilty or not. K
Plea of guilty indicates remorse.
L L
21. Credit card fraud has been described in the past by
M the higher courts as being an insidious poison that erodes the M
credit card system and damages Hong Kong’s standing in the
N N
international financial community. Banks and financial
institutions suffer billions of dollars of loss each year around
O O
the world.
P P
22. I have also, besides the previous authority mentioned,
Q referred myself to other authorities, including HKSAR v Poon Cho Q
Shu, referred to by prosecution counsel, CACC 55/2000; secondly,
R R
HKSAR v Tu I Lang, CACC 464/2006; and lastly, HKSAR v Cheung Ka
Wo Johnny, CACC 136/2001.
S S
T 23. In this case here, the defendant has seven credit T
cards. The actual loss suffered is $3,680. However, there is
U always potential for future loss, as the defendant had further U
CRT26/10.11.2011/ML 4 DCCC1068/2011/Sentence
V V
A A
cards to try. The defendant acted alone, it seems, nor can I see
any international element. There is no elaborate planning, but
B B
the cards were all in his name.
C C
24. A 3-year starting point would be appropriate in these
D circumstances, but here, there clearly has been two separate D
occasions: firstly, 25 May, and secondly, 27 June, one month
E E
later.
F F
25. One month later, the defendant decides to try again to
G use other cards even though he was so nearly caught only one G
month earlier.
H H
26. I have considered mitigation, the defendant’s
I I
background, his plea of guilty, and all the facts I consider
relevant that I have referred to to assist me in sentencing.
J J
K
27. Yes, defendant, please stand up. K
L 28. Now, for Charges 1 and 2, the offences committed on L
May 25, I will take a starting point of 3 years’ imprisonment.
M M
29. You are entitled, of course, to a discount of 1 year
N N
for your plea.
O O
30. For Charges 3, 4, 5 and 6, as I have said, they were
P committed one month later and involve further cards. P
Q 31. For Charges 3, 4 and 6, the offences relating to the Q
cards, I will take a starting point of 3 years and 6 months.
R R
32. You have pleaded guilty. You will be entitled to a
S S
discount of one-third; that is, 14 months.
T T
33. For Charges 1 and 2, I impose a sentence of 2 years’
U imprisonment. U
CRT26/10.11.2011/ML 5 DCCC1068/2011/Sentence
V V
A A
34. For Charges 3, 4 and 6, I impose a term of
B B
imprisonment of 2 years and 4 months.
C C
35. For Charge 5, resisting police officers, I impose a
D sentence of 2 months. D
E E
36. All six of the charges will be served concurrently.
F F
37. That means a total of 2 years and 4 months.
G G
H H
I A. J. Woodcock I
Deputy District Judge
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT26/10.11.2011/ML 6 DCCC1068/2011/Sentence
V V
A A
DCCC1068/2011
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 1068 OF 2011 C
D
---------------------- D
HKSAR
E E
v.
F Liu Cheuk-wai F
G ---------------------- G
Before: Deputy District Judge Woodcock
H Date: 10 November 2011 at 3.25 pm H
Present: Mr Winston Chan, SPP, of the Department of Justice,
for HKSAR
I Mr Law Pui-lung Eddie, of Eddie P L Law & Co., I
assigned by the Director of Legal Aid, for the
J Defendant J
Offence: (1) Using a false instrument (使用虛假文書)
(2)-(4) Attempting to use a false instrument (企圖使用虛
K K
假文書)
(5) Resisting police officers in the execution of
L their duties (抗拒執行職責的警務人員) L
(6) Possessing false instruments (管有虛假文書)
M M
---------------------
N Reasons for Sentence N
---------------------
O O
1. The defendant has pleaded guilty today to:
P P
(1) one count of using a false instrument;
Q Q
(2) three counts of attempting to use a false
R R
instrument;
S S
(3) one count of possessing false instruments.
T T
2. All the false instruments refer to fake credit cards,
U a total of seven. U
CRT26/10.11.2011/ML 1 DCCC1068/2011/Sentence
V V
A A
3. Lastly, he has pleaded guilty to one charge of
B B
resisting police officers in the execution of their duties,
C contrary to section 63 of the Police Force Ordinance, Cap.232. C
D 4. I note this is what could be described as the less D
serious charge of resisting police officers. I note the maximum
E E
penalty for that section 63 offence is 6 months’ imprisonment.
F F
5. The facts of this case are very straightforward.
G G
6. The 1st and 2nd charge relate to an incident on 25 May
H this year. The defendant entered a Jusco department store in H
Tuen Mun and successfully bought a Nokia N8 mobile phone valued
I I
at $3,688 with the first fake credit card.
J J
7. He rather foolishly returned 10 minutes later - I
K
assume because he was successful the first time - and tried to K
buy a second phone from the same salesperson. This attempt to
L buy a Sony Ericsson valued at $1,580 was unsuccessful. L
M 8. This time, the saleslady felt suspicious and asked the M
defendant to wait so she could check the credit card. When she
N N
refused to return the credit card at the defendant’s request, he
fled the scene.
O O
P 9. Some one month later, on 27 June, the defendant P
committed Charges 3, 4, 5 and 6. He entered a computer shop in
Q the Golden Computer Arcade in Sham Shui Po and tried to buy a Q
PSP game console valued at $1,380.
R R
10. He gave the shop owner a second fake credit card, but
S S
the transaction was not successful. The defendant then produced
T a third fake credit card to the owner and, once again, it was T
unsuccessful.
U U
CRT26/10.11.2011/ML 2 DCCC1068/2011/Sentence
V V
A A
11. Quite rightly, the owner was suspicious and asked the
defendant straight out were they fake credit cards. The
B B
defendant immediately fled the scene.
C C
12. This owner chased the defendant, which alerted the
D attention of two off-duty police officers. They joined in and D
eventually subdued the defendant, but not without a struggle,
E E
hence Charge 5. They both suffered minor injuries.
F F
13. Under caution, the defendant made an admission.
G G
14. At the police station, the last four fake credit cards
H were found in the defendant’s wallet. All these credit cards are H
printed with the defendant’s Chinese name.
I I
15. Under further caution, the defendant admitted that he
J J
knew they were fake. He explained how and why and from whom he
K
got these cards. K
L 16. The defendant is not a man of clear record. He has L
many previous convictions, mainly for theft and dangerous drugs.
M The defendant has been in and out of either prison or Drug M
Addiction Treatment Centres since about 2003.
N N
17. I have heard the defendant’s background from counsel
O O
and his antecedents.
P P
18. The defendant was brought up by his grandparents from
Q a young age. The defendant quite openly admits he has Q
disappointed his grandparents, but his grandmother is here to
R R
support him despite that.
S S
19. All credit card frauds are serious offences, and
T prison sentences of certain lengths are inevitable. T
U U
CRT26/10.11.2011/ML 3 DCCC1068/2011/Sentence
V V
A A
20. I have considered the authority of the R v Chan Sui To
[1996] 2 HKCLR 128 at page 134, which sets out relevant factors
B B
for the court to consider when sentencing, including:
C C
(1) the size of the operation, which refers to the
D number of persons involved, the number of fake D
cards, as well as the amount of loss suffered;
E E
(2) secondly, whether there is any international
F F
dimension;
G G
(3) thirdly, what is the defendant’s role in this
H operation; H
I I
(4) fourthly, whether the planning behind the operation
is elaborate or simple;
J J
K
(5) lastly, whether the defendant pleads guilty or not. K
Plea of guilty indicates remorse.
L L
21. Credit card fraud has been described in the past by
M the higher courts as being an insidious poison that erodes the M
credit card system and damages Hong Kong’s standing in the
N N
international financial community. Banks and financial
institutions suffer billions of dollars of loss each year around
O O
the world.
P P
22. I have also, besides the previous authority mentioned,
Q referred myself to other authorities, including HKSAR v Poon Cho Q
Shu, referred to by prosecution counsel, CACC 55/2000; secondly,
R R
HKSAR v Tu I Lang, CACC 464/2006; and lastly, HKSAR v Cheung Ka
Wo Johnny, CACC 136/2001.
S S
T 23. In this case here, the defendant has seven credit T
cards. The actual loss suffered is $3,680. However, there is
U always potential for future loss, as the defendant had further U
CRT26/10.11.2011/ML 4 DCCC1068/2011/Sentence
V V
A A
cards to try. The defendant acted alone, it seems, nor can I see
any international element. There is no elaborate planning, but
B B
the cards were all in his name.
C C
24. A 3-year starting point would be appropriate in these
D circumstances, but here, there clearly has been two separate D
occasions: firstly, 25 May, and secondly, 27 June, one month
E E
later.
F F
25. One month later, the defendant decides to try again to
G use other cards even though he was so nearly caught only one G
month earlier.
H H
26. I have considered mitigation, the defendant’s
I I
background, his plea of guilty, and all the facts I consider
relevant that I have referred to to assist me in sentencing.
J J
K
27. Yes, defendant, please stand up. K
L 28. Now, for Charges 1 and 2, the offences committed on L
May 25, I will take a starting point of 3 years’ imprisonment.
M M
29. You are entitled, of course, to a discount of 1 year
N N
for your plea.
O O
30. For Charges 3, 4, 5 and 6, as I have said, they were
P committed one month later and involve further cards. P
Q 31. For Charges 3, 4 and 6, the offences relating to the Q
cards, I will take a starting point of 3 years and 6 months.
R R
32. You have pleaded guilty. You will be entitled to a
S S
discount of one-third; that is, 14 months.
T T
33. For Charges 1 and 2, I impose a sentence of 2 years’
U imprisonment. U
CRT26/10.11.2011/ML 5 DCCC1068/2011/Sentence
V V
A A
34. For Charges 3, 4 and 6, I impose a term of
B B
imprisonment of 2 years and 4 months.
C C
35. For Charge 5, resisting police officers, I impose a
D sentence of 2 months. D
E E
36. All six of the charges will be served concurrently.
F F
37. That means a total of 2 years and 4 months.
G G
H H
I A. J. Woodcock I
Deputy District Judge
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT26/10.11.2011/ML 6 DCCC1068/2011/Sentence
V V