A DCCC 255/2013 A
IN THE DISTRICT COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
CRIMINAL CASE NO 255 OF 2013
C C
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D HKSAR D
v
E E
PONARK Irince
F F
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G G
Before: HH Judge Stanley Chan
Date: 24 April 2013
H Present: Ms Janice Cheuk, PP of the Department of Justice, for H
HKSAR
I
Mr Raymond Fong, instructed by Christine F L Ip & I
Young, for the defendant
Offence: (1) & (2) Using a false instrument (使用虛假文書)
J (3) Possessing false instruments (管有虛假文書) J
K K
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L Reasons for Sentence L
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M M
N 1. The defendant was charged with two counts of using a N
false instrument and one count of possessing forged credit
O cards. She pleaded guilty to all the charges. O
P Brief facts P
Q Q
2. On 16 January 2013 the defendant took a flight on
R
Dragonair, flight number KA874, from Hong Kong to Shanghai. The R
flight was operated by Hong Kong Dragon Airlines Limited, which
S was registered in Hong Kong in accordance with the Convention on S
International Aviation and the Civil Aviation Ordinance,
T Cap.448. T
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A 3. While the defendant was onboard the said flight, the A
defendant used two forged credit cards to make two purchases. At
B 1420 hours on the day, the defendant used a false Standard B
Chartered Bank VISA card numbered 4193-0230-0286-2648 in her own
C C
name to purchase a bottle of cream worth HK$3,750. The
transaction was successful.
D D
E 4. Shortly afterwards, the defendant used another false E
Citibank MasterCard numbered 5579-2090-2341-6420 in her own name
F to buy two items with the total value of HK$3,520. This time the F
transaction was successful too.
G G
5. At the material time the aircraft was elsewhere than
H H
in or over Hong Kong.
I I
6. On 17 January 2013 the airline was informed that the
J above transactions were invalid because the credit cards so used J
were forged. Upon passenger check, the identity of the defendant
K was disclosed and confirmed. K
L L
7. On 17 January 2013 the defendant took the flight on
KA831 back from Shanghai to Hong Kong.
M M
N 8. Upon arrival in Hong Kong, the defendant was arrested. N
The police found three false credit cards on the defendant. Two
O of them had been used to commit the offence in Charges 1 and 2 O
respectively. The third one is a Standard Chartered Bank
P P
MasterCard numbered 5109-8205-2702-8427, also in the defendant’s
name.
Q Q
R 9. The stolen properties relating to Charges 1 and 2 were R
found in the defendant’s luggage.
S S
10. Under caution the defendant admitted that her Nigerian
T T
male friend used her particulars to make these credit cards. She
did not apply for these cards. Her friend knew that she had no
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CRT32/24.4.2013/ML 2 DCCC 255/2013/Sentence
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A money, hence asked her to buy specific items on the plane. The A
defendant would get THB$5,000 as a reward. The credit cards were
B given to the defendant by this Nigerian male. B
C C
11. On 16 January 2013 she took the flight from Bangkok to
Singapore and then to Hong Kong. From Hong Kong she flew to
D D
Shanghai. She took the flight back to Hong Kong from Shanghai on
E 17 January. E
F 12. Government Chemist confirmed that all three credit F
cards are forged ones.
G G
13. The defendant is a Thai-passport holder. She entered
H H
Hong Kong on 16 January 2013 at 10:15 am and departed at 11:56
I
am on the same day. She entered Hong Kong on the following day. I
J Mitigation J
K 14. The defendant submitted her own lengthy mitigation K
letter and one that was written by her boyfriend.
L L
15. Her parents were separated when the defendant was 7
M M
years old. The defendant is now aged 37 and is a single mother
N raising her own son who is now aged 14. She has a degree of N
Bachelor of Science in Nursing from a university in Sweden. She
O had been working in various fields in Thailand and sounded to O
have a promising career.
P P
16. Despite having a supportive boyfriend, the defendant
Q Q
needed money to support her son. The defendant was introduced to
R a person who eventually asked the defendant to use the false R
credit cards that she got at the airport in Thailand. The
S defendant was asked to use each of these cards for HK$5,000. As S
the defendant was scared on the return journey back to Hong
T T
Kong, she did not use any of the false credit cards.
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A 17. Her boyfriend, Peter Williams, wrote to mitigate for A
the defendant. They met in December 2011 and during 2012 he gave
B help to the defendant financially and saw the defendant as a B
person of kindness and genuine good character.
C C
18. The defendant had a clear record in Hong Kong and she
D D
committed the offence because of her tight financial situation.
E E
19. Counsel for the defendant submitted that the present
F case is small operation involving only three credit cards. The F
total value of the purchases amounted to only HK$7,200-odd.
G G
20. Defence counsel also referred to the two cases
H H
mentioned by the prosecution, namely, HKSAR v Tu I Lang, CACC
I
464/2006, and HKSAR v Hoong Pang Chong, CACC 344/2011. It was I
submitted that the third charge can be taken as part and parcel
J of the whole scheme. J
K Sentence K
L L
21. The defendant had a clear record in Hong Kong.
M M
22. She came to Hong Kong as a visitor and flew to
N Shanghai soon after arrival. She made use of the journey on N
flight to use the false credit cards.
O O
23. A close examination of the three false credit cards
P P
shows that there is no data chip in these credit cards, which
would make it impossible for the merchants to seek approval for
Q Q
the transaction had the purchase was done on ground. It seems
R that the credit cards were designed for the use of the old-style R
imprint mechanism, whereby prior approval may not be required.
S S
24. It was a calculated move for the defendant to use the
T T
credit cards on the plane and no doubt there is an international
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A element in this offence. The defendant came to Hong Kong from A
Thailand and she got these cards abroad.
B B
25. When asked, I was told there is no information as to
C C
the actual account holders and the country of origin of those
accounts appear on the credit cards. These cards were tailor-
D D
made with the name of the defendant imprinted thereon.
E E
26. The substantial mitigating factor for the defendant is
F her guilty plea, for which she would have one-third discount on F
sentence.
G G
27. In this case, three false credit cards were involved
H H
and this can be regarded as a small-scale operation. The value
I
of the commodities so obtained is one of the considerations for I
sentencing purpose. It is not the most important one. All the
J stolen properties were recovered. J
K 28. Taking all factors into account and after considering K
the sentencing cases abovementioned, I would be lenient to the
L L
defendant.
M M
29. I would take 3 years as the starting point for both
N Charges 1 and 2. With the defendant’s plea, the sentence would N
be reduced to 2 years, which is to be served concurrently.
O O
30. Regarding Charge 3, apart from the two false credit
P P
cards that the defendant had used earlier on, one more false
card was located. The third one is also in the name of the
Q Q
defendant.
R R
31. I would take 2 years as the starting point and, with
S plea, it is reduced to 16 months. S
T T
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A 32. I have to consider the totality principle and I order A
that 3 months of the third sentence is to be served
B consecutively to the other sentence. B
C C
33. To conclude, I sentence the defendant to an
imprisonment term of 2 years and 3 months.
D D
E E
F F
G G
(Stanley Chan)
District Judge
H H
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