A A
B B
DCCC 466/2023
C
[2024] HKDC 743 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 466 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I CHOW KA CHUN I
----------------------------
J J
K Before: His Honour Judge Tam K
Date: 9 May 2024
L L
Present: Ms Tjia Josephine L.Y., Counsel-on-fiat, for HKSAR
M Mr Hung Kin Man, Samson, instructed by Joseph Li & Co, M
assigned by the Director of Legal Aid, for the defendant
N N
Offences: [1] Possession of identity cards relating to other persons（管
O 有他人的身分證） O
P [2] Conspiracy to forge documents（串謀偽造文件） P
[3] Possession of equipment for making false instruments
Q Q
（管有用作製造虛假文書的設備）
R [4] Failing to surrender to custody without reasonable cause R
（無合理因由而沒有按照法庭的指定歸押）
S S
T T
U U
V V
-2-
A A
B B
--------------------------------------
C REASONS FOR SENTENCE C
--------------------------------------
D D
E 1. Mr Chow pleaded guilty before me to 4 charges on a Charge E
Sheet as follows.
F F
G 2. Charge 1 is Possession of identity cards relating to other G
persons, contrary to section 7A(1A) of the Registration of Persons
H H
Ordinance, Cap 177. Particulars are that he, on 3 August 2022, at Room
I 3A, “Ho King Guesthouse”, 1st Floor, No 179 Yu Chau Street, Sham Shui I
Po, Kowloon, in Hong Kong, without lawful authority or reasonable
J J
excuse, had in his possession:-
K K
(1) One Hong Kong Identity Card which related to another
L L
person, namely, Choy Kei Yu;
M M
(2) One Hong Kong Identity Card which related to another
N N
person, namely, Wong Suet Ying;
O O
(3) One Hong Kong Identity Card which related to another
P P
person, namely, Wong Pui Wah;
Q Q
(4) One Hong Kong Identity Card which related to another
R R
person, namely, Chuang Hung Mui Maggie; and
S S
(5) One Hong Kong Identity Card which related to another
T T
person, namely, Tang Lin Cheong.
U U
V V
-3-
A A
B B
C 3. Charge 2 is Conspiracy to forge documents, contrary to C
section 71, 159A and 159C of the Crimes Ordinance, Cap 200. Particulars
D D
are that he, between 19 July 2022 and 3 August 2022, both dates inclusive,
E in Hong Kong, conspired with a person unknown, to make instruments, E
namely Hong Kong Identity Cards, which were false in that they purported
F F
to be made in the forms in which they were made on the authority of a
G person who did not in fact authorize their making in those forms, with the G
intention that he (Mr Chow) or another would use them to induce someone
H H
to accept them as genuine and by reason of so accepting them to do or not
I to do some acts to his own or any other person’s prejudice. I
J J
4. Charge 3 is Possession of equipment for making false
K instruments, contrary to section 76(1) of the Crimes Ordinance, Cap 200. K
Particulars are that he, between 2 and 3 August 2022, both dates inclusive,
L L
in Hong Kong, had in his custody or under his control implements or other
M materials which to his knowledge had been specially designed or adopted M
for the making of instruments, namely one pair of scissors, one roll of tape,
N N
one roll of transparent plastic film, one USB drive, one paper cutter, one
O photocopier and two pieces of paper, with the intention that he or another O
would make false instruments and that he or another would use those false
P P
instruments to induce somebody to accept them as genuine, and by reason
Q of so accepting them to do or not to do some act to his own or any other Q
person’s prejudice.
R R
S 5. Charge 4 is Failing to surrender to custody without reasonable S
cause, contrary to section 9L(1) and (3) of the Criminal Procedure
T T
Ordinance, Cap 221. Particulars are that he, on 1 August 2023, in Hong
U U
V V
-4-
A A
B B
Kong, being a person admitted to bail, without reasonable cause, failed to
C surrender to custody as had been appointed by a court. C
D D
Facts admitted by Mr Chow
E E
6. On 3 August 2022, at around 1119 hours, police went up to
F F
Ho King Guesthouse (“the Guesthouse”) on 1/F of a building in Sham Shui
G Po. Mr Chow was sitting at the staircase on 1/F outside the Guesthouse. G
Police kept him under guard. After making enquiries with the guesthouse
H H
staff, police came to know that Mr Chow had just checked out from Room
I 3A. I
J J
7. Mr Chow confirmed to the police that he stayed in Room 3A
K alone from about 8 pm the previous night to about 11 am that day; that the K
black eco-bag at the 1/F staircase belonged to him. Police conducted a
L L
search of the eco-bag and found the following inside it:-
M M
(a) A pair of scissors;
N N
O (b) A roll of double-sided tapes; O
P P
(c) A roll of transparent plastic film;
Q Q
(d) A paper cutter;
R R
S (e) Two pieces of A4 paper; S
T T
(f) A USB;
U U
V V
-5-
A A
B B
C (g) A photocopier; and C
D D
(h) A document envelope containing:
E E
(i) 8 HKID cards later confirmed to be false;
F F
G (ii) 6 bank cards consisting of 3 credit cards and 3 G
ATM cards; and
H H
I (iii) 5 HKID cards enumerated more particularly I
under Charge 1.
J J
K 8. Police found on Mr Chow’s person one mobile phone with a K
SIM card installed.
L L
M 9. Police arrested Mr Chow and cautioned him. Under caution, M
Mr Chow said the black eco-bag belonged to him and he was only
N N
responsible for cutting cards.
O O
10. Subsequently on the same day, four cautioned VRIs were
P P
conducted during which Mr Chow said the following:-
Q Q
(a) He assisted a friend “Dai See Hing” (“Hing”) whom he
R R
first met in Nam Cheong Park to cut cards; Hing gave
S him a piece of A4 paper with photocopy of 10 different S
ID cards and asked him to cut and paste them on hard
T T
U U
V V
-6-
A A
B B
cardboards (white card or bank card) for a reward of
C $800; C
D D
(b) He has assisted Hing to cut and paste HKID cards
E twice; E
F F
(c) The first time was two weeks previously; Hing left a
G bag containing tools at the staircase of a building in Yee G
Kuk Street and Hing also left the reward of $800 at the
H H
switch box of the staircase;
I I
(d) The tools inside the said bag included a photocopier, a
J J
pair of scissors, a roll of double-sided tapes, bank cards
K and white cardboards; K
L L
(e) He took those tools to the Guesthouse and rented a
M room at $450 per night; M
N N
(f) He cut out the ID cards from the A4 paper(s) and then
O pasted them on the white cardboards; O
P P
(g) Upon completion, he placed the tools and the cards
Q outside the Guesthouse or the refuse collection point at Q
Yee Kuk Street pending collection by Hing;
R R
S (h) After deduction of room charge, he received $350 as S
reward;
T T
U U
V V
-7-
A A
B B
(i) On the second occasion, he rented Room 3A at the
C Guesthouse at around 1000 hours on 2 August 2022; C
Hing also placed the black eco-bag containing similar
D D
tools at the staircase of a building at Yee Kuk Street;
E E
(j) There were among other things the items found by the
F F
police from inside the bag and some blank white
G cardboards; G
H H
(k) He was instructed to paste the copy of identity cards on
I the white cardboards or the bank cards inside Room I
3A; he obtained $350 reward after deducting room
J J
charge;
K K
(l) He did not know how Hing obtained the 6 bank cards,
L L
who the holders of those 6 bank cards were, or whether
M the 6 bank cards were valid or invalid; M
N N
(m) The document envelope containing the 5 HKID cards
O were placed inside the photocopier which was placed O
inside the black ego-bag by Hing;
P P
Q (n) He did not know how Hing obtained the 5 HKID cards, Q
who the holders of those 5 HKID cards were, or
R R
whether the 5 HKID cards were genuine or not;
S S
(o) He made the 8 false HKID cards; he did not know the
T T
persons whose particulars appeared on the false HKID
U U
V V
-8-
A A
B B
cards; he cut the copy of the 8 ID cards from 3 pieces
C of A4 paper using the pair of scissors in the black eco- C
bag; he then pasted them on hard cardboards with the
D D
double-sided tapes and the transparent plastic film
E inside the black eco-bag; he did not know how Hing E
obtained those HKID card copies or whether the
F F
information thereon was genuine; and
G G
(p) Save for the USB, the paper cutter and the photocopier,
H H
he had used all the tools provided by Hing for making
I false HKID cards. I
J J
11. A forensic scientist at the Government Laboratory examined
K the 5 HKID cards and confirmed them to be genuine. All 5 HKID cards K
have been reported lost and were hence invalid.
L L
M 12. Of the 8 false HKID cards, only 7 of them contained legible M
personal information. Of the 7 sets of personal information including the
N N
photo portrait, 6 of them were confirmed by the Immigration Department
O to be genuine information. The Immigration Department also confirmed O
the genuine HKID cards relating to 5 of those 6 sets of personal information
P P
were still valid; the remaining genuine HKID card was invalid because the
Q holder has already passed away. Q
R R
13. All 6 bank cards were confirmed to be genuine bank cards.
S S
T T
U U
V V
-9-
A A
B B
14. CCTV of the Guesthouse captured the following:-
C C
(a) Mr Chow entered the Guesthouse at around 2017 hours
D D
on 2 August 2022 and checked into Room 3A;
E E
(b) At around 0159 hours on 3 August 2022, Mr Chow left
F F
the Guesthouse; one minute later, he came back with a
G black eco-bag accompanied by another Chinese male; G
they entered Room 3A; at around 0208 hours, the
H H
Chinese male left Room 3A; and
I I
(c) At around 1116 hours on 3 August 2022, Mr Chow,
J J
carrying the black eco-bag, left the Guesthouse.
K K
15. Mr Chow was charged to the Magistracy on 4 April 2023. On
L L
16 May 2023, the magistrate transferred the case to the District Court and
M appointed Mr Chow to appear before the District Court on 6 June 2023. M
On that day, the case was further adjourned to 1 August 2023 with Mr
N N
Chow being released on court bail.
O O
P
16. On 1 August 2023, Mr Chow failed to appear; the court issued P
a warrant of arrest against him. At about noon on the next day, Mr Chow
Q Q
was intercepted by the police in Sham Shui Po; his wanted status was
R
unveiled. Under caution, Mr Chow said he got the time of the hearing R
wrong so he did not attend court.
S S
T T
U U
V V
- 10 -
A A
B B
17. Mr Chow admits that he did not have lawful authority or
C reasonable excuse to be in possession of the 5 HKID cards particularized C
under Charge 1.
D D
E 18. Mr Chow also admits that he did not have reasonable cause to E
have failed to surrender to custody as had been appointed by a court.
F F
G Criminal record G
H H
19. Mr Chow has 15 previous convictions 8 of which were related
I to offences of dishonesty. His last conviction, one of attempted theft, was I
recorded in November 2022, for which he was sentenced to 3 months’
J J
imprisonment.
K K
Antecedents
L L
M 20. Mr Chow is aged almost 37 (35 at the time of the main M
offences in this case), educated to F3 level, was working as a cleaning
N N
worker at the time of the main offences. Mr Chow is a divorcee and he
O was living alone in Sham Shui Po. Mr Chow was last discharged from O
prison on 27 January 2023 ie about 6 months prior to the main offences in
P P
the present case.
Q Q
Mitigation
R R
S 21. Mr Samson Hung of counsel assigned by the Director of Legal S
Aid mitigated on behalf of Mr Chow. The following is a summary of the
T T
mitigation submissions.
U U
V V
- 11 -
A A
B B
C 22. Prior to present remand, Mr Chow was living at C
accommodation arranged by The Society of Rehabilitation and Crime
D D
Prevention. He was then working as a cleaner handling household garbage
E for others and earning about $1,500 a month. E
F F
23. In relation to Charge 4, Mr Chow had no intention to abscond.
G He simply made a mistake about the date of the mention hearing. His G
version under caution is consistent.
H H
I 24. Mr Hung referred to HKSAR v Li Po Ying, CACC 105/2002, I
and HKSAR v Sun Po Tak, DCCC 332/2021 in relation to the starting points
J J
for Charges 1 to 3 herein.
K K
25. Mr Hung referred HKSAR v Lo Kam Fai [2016] 2 HKLRD
L L
308 in relation to what percentage of discount ought to be given to Mr
M Chow for indicating his guilty plea slightly late. M
N N
26. Mr Hung submitted that insofar as Charge 2 is concerned, the
O conspiracy involved was not as well-planned and its scale of operation was O
not as large as the ones in Li Po Ying and Sun Po Tak. He submitted that
P P
there is no evidence that the false identity cards in the present case were
Q used in connection with other crimes; that no financial loss was caused to Q
anybody although he accepted that forgery of identity cards by itself is a
R R
serious offence. Mr Hung further submitted Mr Chow was not the
S mastermind behind the scheme. S
T T
U U
V V
- 12 -
A A
B B
27. Mr Hung submitted that the offence in relation to possession
C of equipment under Charge 3 was committed in pursuance and as a C
consequence of the conspiracy to forge a document under Charge 2.
D D
Accordingly, Mr Hung invited the court to impose concurrent sentences
E under those two charges as they form one single transaction. E
F F
28. As regards Charge 4, Mr Hung submitted Mr Chow made an
G inadvertent mistake about the hearing date; the fact that he was re-arrested G
the very next day caused minimum delay to the court process; that there
H H
was no fixing of trial dates. Consequently, Mr Hung submitted, the present
I case justifies discounts outside the usual range of 20% to 25%. In any I
event, Mr Hung continued, Mr Chow should be entitled to the usual 1/3
J J
discount for his timely guilty plea to Charge 4.
K K
29. Mr Hung reminds the court to apply the totality principle.
L L
M Sentence M
N N
30. Considering the out-of-the-ordinary circumstances pertaining
O to Mr Chow’s absence from court on 1 August 2023 and his speedy re- O
arrest the next day, I will grant him the full 1/3 discount in sentence for
P P
Charges 1 to 3 despite his slightly late indication of pleas.
Q Q
31. For possession of identity card relating to another, the
R R
maximum penalty is a fine of $100,000 and imprisonment for 10 years.
S The usual sentence on a plea of guilty for someone who has not used or S
displayed the identity card to cover up his true identity is 12 months’
T T
imprisonment.
U U
V V
- 13 -
A A
B B
C 32. Mr Chow was not in possession of one but was in possession C
of 5 identity cards. This is an aggravating factor as the scope for misuse
D D
has increased by five-folds (inclusive). As such, I feel justified to adopt a
E sentence after plea (but before other mitigation) of 16 months’ E
imprisonment.
F F
G 33. The maximum penalty for conspiracy to forge instruments is G
14 years’ imprisonment. There are no sentencing guidelines where the
H H
contemplated forged instruments are HKID cards. A substantial length of
I prison term is invariably appropriate. I
J J
34. In Mr Chow’s case, the conspiracy offence lasted two weeks
K involving two overt series of acts of actual forgery. A total of 18 forged K
HKID cards were made. Mr Chow received a total reward of $700 for his
L L
labour. I have seen photos provided by the prosecution (since returned) of
M the 8 forged identity cards that were seized. They were coloured products M
and looked quite genuine. Considering the above factors and the scope of
N N
misuse to which the large number of forged identity cards may be put, I
O adopt an initial starting point of 3½ years’ imprisonment. Mr Chow has a O
long record of dishonesty convictions and he was only last released for one
P P
of them some 6 months prior to his present immigration and forgery
Q offences. I will enhance his starting point by 3 months. Q
R R
35. For possession of equipment for making false instruments, the
S maximum penalty is 14 years’ imprisonment. There are no sentencing S
guidelines. A substantial term of imprisonment is the norm.
T T
U U
V V
- 14 -
A A
B B
36. Here, the equipment concerned is of workshop scale. I will
C adopt in Mr Chow’s case a starting point of 2½ years. For his bad criminal C
record, I will enhance the starting point by 3 months.
D D
E 37. For the offence subject of Charge 4, the maximum penalty is E
a fine and 12 months’ imprisonment. The usual starting point is 6 months’
F F
imprisonment. In Mr Chow’s case, because of the brevity of the absence,
G I will take a lower starting point of 4½ months. For his timely plea, he G
shall be entitled to the customary 1/3 discount in sentence.
H H
I 38. There are no other mitigating factors of weight to justify any I
further discount in any of the sentences.
J J
K 39. Mr Chow has said little about how the genuine HKID cards K
were going to be used, much less that they were to be used for making
L L
forged identity cards. Consequently, there is no basis to say that the
M possession of HKID cards offence is part and parcel of the forgery M
offences. Subject only to totality, the sentence on Charge 1 ought to be
N N
served consecutively.
O O
40. I tend to agree with Mr Hung that the two forgery offences
P P
subject of Charges 2 and 3 can be seen to form one criminal activity though
Q one aggravates the other in terms of culpability. I will allow partial Q
concurrency of sentences even before considering totality.
R R
S 41. The sentence on Charge 4 ought in principle to be served S
consecutively, subject only to totality.
T T
U U
V V
- 15 -
A A
B B
42. I will consider and apply the principle of totality before
C arriving at the final aggregate sentence. C
D D
(Mr Chow, please stand)
E E
43. On Charge 1, the sentence is 16 months’ imprisonment.
F F
G 44. On Charge 2, the sentence is 30 months’ imprisonment. G
H H
45. On Charge 3, the sentence is 22 months’ imprisonment.
I I
46. On Charge 4, the sentence is 3 months’ imprisonment.
J J
K 47. I order that 3 months of the sentence on Charge 3 is to run K
consecutively to the sentence on Charge 2. This forms the Group A
L L
sentence of 33 months’ imprisonment.
M M
48. I further order that 2 months of the sentence on Charge 4 is to
N N
run consecutively to the sentence on Charge 1. This forms the Group B
O sentence of 18 months’ imprisonment. O
P P
49. Lastly, I order that 10 months of the Group B sentence is to
Q run consecutively to the Group A sentence reaching a final sentence of 43 Q
months’ imprisonment.
R R
S S
( Isaac Tam )
T T
District Judge
U U
V V
A A
B B
DCCC 466/2023
C
[2024] HKDC 743 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 466 OF 2023
F F
G ---------------------------- G
HKSAR
H H
v
I CHOW KA CHUN I
----------------------------
J J
K Before: His Honour Judge Tam K
Date: 9 May 2024
L L
Present: Ms Tjia Josephine L.Y., Counsel-on-fiat, for HKSAR
M Mr Hung Kin Man, Samson, instructed by Joseph Li & Co, M
assigned by the Director of Legal Aid, for the defendant
N N
Offences: [1] Possession of identity cards relating to other persons（管
O 有他人的身分證） O
P [2] Conspiracy to forge documents（串謀偽造文件） P
[3] Possession of equipment for making false instruments
Q Q
（管有用作製造虛假文書的設備）
R [4] Failing to surrender to custody without reasonable cause R
（無合理因由而沒有按照法庭的指定歸押）
S S
T T
U U
V V
-2-
A A
B B
--------------------------------------
C REASONS FOR SENTENCE C
--------------------------------------
D D
E 1. Mr Chow pleaded guilty before me to 4 charges on a Charge E
Sheet as follows.
F F
G 2. Charge 1 is Possession of identity cards relating to other G
persons, contrary to section 7A(1A) of the Registration of Persons
H H
Ordinance, Cap 177. Particulars are that he, on 3 August 2022, at Room
I 3A, “Ho King Guesthouse”, 1st Floor, No 179 Yu Chau Street, Sham Shui I
Po, Kowloon, in Hong Kong, without lawful authority or reasonable
J J
excuse, had in his possession:-
K K
(1) One Hong Kong Identity Card which related to another
L L
person, namely, Choy Kei Yu;
M M
(2) One Hong Kong Identity Card which related to another
N N
person, namely, Wong Suet Ying;
O O
(3) One Hong Kong Identity Card which related to another
P P
person, namely, Wong Pui Wah;
Q Q
(4) One Hong Kong Identity Card which related to another
R R
person, namely, Chuang Hung Mui Maggie; and
S S
(5) One Hong Kong Identity Card which related to another
T T
person, namely, Tang Lin Cheong.
U U
V V
-3-
A A
B B
C 3. Charge 2 is Conspiracy to forge documents, contrary to C
section 71, 159A and 159C of the Crimes Ordinance, Cap 200. Particulars
D D
are that he, between 19 July 2022 and 3 August 2022, both dates inclusive,
E in Hong Kong, conspired with a person unknown, to make instruments, E
namely Hong Kong Identity Cards, which were false in that they purported
F F
to be made in the forms in which they were made on the authority of a
G person who did not in fact authorize their making in those forms, with the G
intention that he (Mr Chow) or another would use them to induce someone
H H
to accept them as genuine and by reason of so accepting them to do or not
I to do some acts to his own or any other person’s prejudice. I
J J
4. Charge 3 is Possession of equipment for making false
K instruments, contrary to section 76(1) of the Crimes Ordinance, Cap 200. K
Particulars are that he, between 2 and 3 August 2022, both dates inclusive,
L L
in Hong Kong, had in his custody or under his control implements or other
M materials which to his knowledge had been specially designed or adopted M
for the making of instruments, namely one pair of scissors, one roll of tape,
N N
one roll of transparent plastic film, one USB drive, one paper cutter, one
O photocopier and two pieces of paper, with the intention that he or another O
would make false instruments and that he or another would use those false
P P
instruments to induce somebody to accept them as genuine, and by reason
Q of so accepting them to do or not to do some act to his own or any other Q
person’s prejudice.
R R
S 5. Charge 4 is Failing to surrender to custody without reasonable S
cause, contrary to section 9L(1) and (3) of the Criminal Procedure
T T
Ordinance, Cap 221. Particulars are that he, on 1 August 2023, in Hong
U U
V V
-4-
A A
B B
Kong, being a person admitted to bail, without reasonable cause, failed to
C surrender to custody as had been appointed by a court. C
D D
Facts admitted by Mr Chow
E E
6. On 3 August 2022, at around 1119 hours, police went up to
F F
Ho King Guesthouse (“the Guesthouse”) on 1/F of a building in Sham Shui
G Po. Mr Chow was sitting at the staircase on 1/F outside the Guesthouse. G
Police kept him under guard. After making enquiries with the guesthouse
H H
staff, police came to know that Mr Chow had just checked out from Room
I 3A. I
J J
7. Mr Chow confirmed to the police that he stayed in Room 3A
K alone from about 8 pm the previous night to about 11 am that day; that the K
black eco-bag at the 1/F staircase belonged to him. Police conducted a
L L
search of the eco-bag and found the following inside it:-
M M
(a) A pair of scissors;
N N
O (b) A roll of double-sided tapes; O
P P
(c) A roll of transparent plastic film;
Q Q
(d) A paper cutter;
R R
S (e) Two pieces of A4 paper; S
T T
(f) A USB;
U U
V V
-5-
A A
B B
C (g) A photocopier; and C
D D
(h) A document envelope containing:
E E
(i) 8 HKID cards later confirmed to be false;
F F
G (ii) 6 bank cards consisting of 3 credit cards and 3 G
ATM cards; and
H H
I (iii) 5 HKID cards enumerated more particularly I
under Charge 1.
J J
K 8. Police found on Mr Chow’s person one mobile phone with a K
SIM card installed.
L L
M 9. Police arrested Mr Chow and cautioned him. Under caution, M
Mr Chow said the black eco-bag belonged to him and he was only
N N
responsible for cutting cards.
O O
10. Subsequently on the same day, four cautioned VRIs were
P P
conducted during which Mr Chow said the following:-
Q Q
(a) He assisted a friend “Dai See Hing” (“Hing”) whom he
R R
first met in Nam Cheong Park to cut cards; Hing gave
S him a piece of A4 paper with photocopy of 10 different S
ID cards and asked him to cut and paste them on hard
T T
U U
V V
-6-
A A
B B
cardboards (white card or bank card) for a reward of
C $800; C
D D
(b) He has assisted Hing to cut and paste HKID cards
E twice; E
F F
(c) The first time was two weeks previously; Hing left a
G bag containing tools at the staircase of a building in Yee G
Kuk Street and Hing also left the reward of $800 at the
H H
switch box of the staircase;
I I
(d) The tools inside the said bag included a photocopier, a
J J
pair of scissors, a roll of double-sided tapes, bank cards
K and white cardboards; K
L L
(e) He took those tools to the Guesthouse and rented a
M room at $450 per night; M
N N
(f) He cut out the ID cards from the A4 paper(s) and then
O pasted them on the white cardboards; O
P P
(g) Upon completion, he placed the tools and the cards
Q outside the Guesthouse or the refuse collection point at Q
Yee Kuk Street pending collection by Hing;
R R
S (h) After deduction of room charge, he received $350 as S
reward;
T T
U U
V V
-7-
A A
B B
(i) On the second occasion, he rented Room 3A at the
C Guesthouse at around 1000 hours on 2 August 2022; C
Hing also placed the black eco-bag containing similar
D D
tools at the staircase of a building at Yee Kuk Street;
E E
(j) There were among other things the items found by the
F F
police from inside the bag and some blank white
G cardboards; G
H H
(k) He was instructed to paste the copy of identity cards on
I the white cardboards or the bank cards inside Room I
3A; he obtained $350 reward after deducting room
J J
charge;
K K
(l) He did not know how Hing obtained the 6 bank cards,
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who the holders of those 6 bank cards were, or whether
M the 6 bank cards were valid or invalid; M
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(m) The document envelope containing the 5 HKID cards
O were placed inside the photocopier which was placed O
inside the black ego-bag by Hing;
P P
Q (n) He did not know how Hing obtained the 5 HKID cards, Q
who the holders of those 5 HKID cards were, or
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whether the 5 HKID cards were genuine or not;
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(o) He made the 8 false HKID cards; he did not know the
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persons whose particulars appeared on the false HKID
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A A
B B
cards; he cut the copy of the 8 ID cards from 3 pieces
C of A4 paper using the pair of scissors in the black eco- C
bag; he then pasted them on hard cardboards with the
D D
double-sided tapes and the transparent plastic film
E inside the black eco-bag; he did not know how Hing E
obtained those HKID card copies or whether the
F F
information thereon was genuine; and
G G
(p) Save for the USB, the paper cutter and the photocopier,
H H
he had used all the tools provided by Hing for making
I false HKID cards. I
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11. A forensic scientist at the Government Laboratory examined
K the 5 HKID cards and confirmed them to be genuine. All 5 HKID cards K
have been reported lost and were hence invalid.
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M 12. Of the 8 false HKID cards, only 7 of them contained legible M
personal information. Of the 7 sets of personal information including the
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photo portrait, 6 of them were confirmed by the Immigration Department
O to be genuine information. The Immigration Department also confirmed O
the genuine HKID cards relating to 5 of those 6 sets of personal information
P P
were still valid; the remaining genuine HKID card was invalid because the
Q holder has already passed away. Q
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13. All 6 bank cards were confirmed to be genuine bank cards.
S S
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14. CCTV of the Guesthouse captured the following:-
C C
(a) Mr Chow entered the Guesthouse at around 2017 hours
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on 2 August 2022 and checked into Room 3A;
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(b) At around 0159 hours on 3 August 2022, Mr Chow left
F F
the Guesthouse; one minute later, he came back with a
G black eco-bag accompanied by another Chinese male; G
they entered Room 3A; at around 0208 hours, the
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Chinese male left Room 3A; and
I I
(c) At around 1116 hours on 3 August 2022, Mr Chow,
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carrying the black eco-bag, left the Guesthouse.
K K
15. Mr Chow was charged to the Magistracy on 4 April 2023. On
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16 May 2023, the magistrate transferred the case to the District Court and
M appointed Mr Chow to appear before the District Court on 6 June 2023. M
On that day, the case was further adjourned to 1 August 2023 with Mr
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Chow being released on court bail.
O O
P
16. On 1 August 2023, Mr Chow failed to appear; the court issued P
a warrant of arrest against him. At about noon on the next day, Mr Chow
Q Q
was intercepted by the police in Sham Shui Po; his wanted status was
R
unveiled. Under caution, Mr Chow said he got the time of the hearing R
wrong so he did not attend court.
S S
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17. Mr Chow admits that he did not have lawful authority or
C reasonable excuse to be in possession of the 5 HKID cards particularized C
under Charge 1.
D D
E 18. Mr Chow also admits that he did not have reasonable cause to E
have failed to surrender to custody as had been appointed by a court.
F F
G Criminal record G
H H
19. Mr Chow has 15 previous convictions 8 of which were related
I to offences of dishonesty. His last conviction, one of attempted theft, was I
recorded in November 2022, for which he was sentenced to 3 months’
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imprisonment.
K K
Antecedents
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M 20. Mr Chow is aged almost 37 (35 at the time of the main M
offences in this case), educated to F3 level, was working as a cleaning
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worker at the time of the main offences. Mr Chow is a divorcee and he
O was living alone in Sham Shui Po. Mr Chow was last discharged from O
prison on 27 January 2023 ie about 6 months prior to the main offences in
P P
the present case.
Q Q
Mitigation
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S 21. Mr Samson Hung of counsel assigned by the Director of Legal S
Aid mitigated on behalf of Mr Chow. The following is a summary of the
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mitigation submissions.
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C 22. Prior to present remand, Mr Chow was living at C
accommodation arranged by The Society of Rehabilitation and Crime
D D
Prevention. He was then working as a cleaner handling household garbage
E for others and earning about $1,500 a month. E
F F
23. In relation to Charge 4, Mr Chow had no intention to abscond.
G He simply made a mistake about the date of the mention hearing. His G
version under caution is consistent.
H H
I 24. Mr Hung referred to HKSAR v Li Po Ying, CACC 105/2002, I
and HKSAR v Sun Po Tak, DCCC 332/2021 in relation to the starting points
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for Charges 1 to 3 herein.
K K
25. Mr Hung referred HKSAR v Lo Kam Fai [2016] 2 HKLRD
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308 in relation to what percentage of discount ought to be given to Mr
M Chow for indicating his guilty plea slightly late. M
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26. Mr Hung submitted that insofar as Charge 2 is concerned, the
O conspiracy involved was not as well-planned and its scale of operation was O
not as large as the ones in Li Po Ying and Sun Po Tak. He submitted that
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there is no evidence that the false identity cards in the present case were
Q used in connection with other crimes; that no financial loss was caused to Q
anybody although he accepted that forgery of identity cards by itself is a
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serious offence. Mr Hung further submitted Mr Chow was not the
S mastermind behind the scheme. S
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A A
B B
27. Mr Hung submitted that the offence in relation to possession
C of equipment under Charge 3 was committed in pursuance and as a C
consequence of the conspiracy to forge a document under Charge 2.
D D
Accordingly, Mr Hung invited the court to impose concurrent sentences
E under those two charges as they form one single transaction. E
F F
28. As regards Charge 4, Mr Hung submitted Mr Chow made an
G inadvertent mistake about the hearing date; the fact that he was re-arrested G
the very next day caused minimum delay to the court process; that there
H H
was no fixing of trial dates. Consequently, Mr Hung submitted, the present
I case justifies discounts outside the usual range of 20% to 25%. In any I
event, Mr Hung continued, Mr Chow should be entitled to the usual 1/3
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discount for his timely guilty plea to Charge 4.
K K
29. Mr Hung reminds the court to apply the totality principle.
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M Sentence M
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30. Considering the out-of-the-ordinary circumstances pertaining
O to Mr Chow’s absence from court on 1 August 2023 and his speedy re- O
arrest the next day, I will grant him the full 1/3 discount in sentence for
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Charges 1 to 3 despite his slightly late indication of pleas.
Q Q
31. For possession of identity card relating to another, the
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maximum penalty is a fine of $100,000 and imprisonment for 10 years.
S The usual sentence on a plea of guilty for someone who has not used or S
displayed the identity card to cover up his true identity is 12 months’
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imprisonment.
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C 32. Mr Chow was not in possession of one but was in possession C
of 5 identity cards. This is an aggravating factor as the scope for misuse
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has increased by five-folds (inclusive). As such, I feel justified to adopt a
E sentence after plea (but before other mitigation) of 16 months’ E
imprisonment.
F F
G 33. The maximum penalty for conspiracy to forge instruments is G
14 years’ imprisonment. There are no sentencing guidelines where the
H H
contemplated forged instruments are HKID cards. A substantial length of
I prison term is invariably appropriate. I
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34. In Mr Chow’s case, the conspiracy offence lasted two weeks
K involving two overt series of acts of actual forgery. A total of 18 forged K
HKID cards were made. Mr Chow received a total reward of $700 for his
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labour. I have seen photos provided by the prosecution (since returned) of
M the 8 forged identity cards that were seized. They were coloured products M
and looked quite genuine. Considering the above factors and the scope of
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misuse to which the large number of forged identity cards may be put, I
O adopt an initial starting point of 3½ years’ imprisonment. Mr Chow has a O
long record of dishonesty convictions and he was only last released for one
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of them some 6 months prior to his present immigration and forgery
Q offences. I will enhance his starting point by 3 months. Q
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35. For possession of equipment for making false instruments, the
S maximum penalty is 14 years’ imprisonment. There are no sentencing S
guidelines. A substantial term of imprisonment is the norm.
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36. Here, the equipment concerned is of workshop scale. I will
C adopt in Mr Chow’s case a starting point of 2½ years. For his bad criminal C
record, I will enhance the starting point by 3 months.
D D
E 37. For the offence subject of Charge 4, the maximum penalty is E
a fine and 12 months’ imprisonment. The usual starting point is 6 months’
F F
imprisonment. In Mr Chow’s case, because of the brevity of the absence,
G I will take a lower starting point of 4½ months. For his timely plea, he G
shall be entitled to the customary 1/3 discount in sentence.
H H
I 38. There are no other mitigating factors of weight to justify any I
further discount in any of the sentences.
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K 39. Mr Chow has said little about how the genuine HKID cards K
were going to be used, much less that they were to be used for making
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forged identity cards. Consequently, there is no basis to say that the
M possession of HKID cards offence is part and parcel of the forgery M
offences. Subject only to totality, the sentence on Charge 1 ought to be
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served consecutively.
O O
40. I tend to agree with Mr Hung that the two forgery offences
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subject of Charges 2 and 3 can be seen to form one criminal activity though
Q one aggravates the other in terms of culpability. I will allow partial Q
concurrency of sentences even before considering totality.
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S 41. The sentence on Charge 4 ought in principle to be served S
consecutively, subject only to totality.
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42. I will consider and apply the principle of totality before
C arriving at the final aggregate sentence. C
D D
(Mr Chow, please stand)
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43. On Charge 1, the sentence is 16 months’ imprisonment.
F F
G 44. On Charge 2, the sentence is 30 months’ imprisonment. G
H H
45. On Charge 3, the sentence is 22 months’ imprisonment.
I I
46. On Charge 4, the sentence is 3 months’ imprisonment.
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K 47. I order that 3 months of the sentence on Charge 3 is to run K
consecutively to the sentence on Charge 2. This forms the Group A
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sentence of 33 months’ imprisonment.
M M
48. I further order that 2 months of the sentence on Charge 4 is to
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run consecutively to the sentence on Charge 1. This forms the Group B
O sentence of 18 months’ imprisonment. O
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49. Lastly, I order that 10 months of the Group B sentence is to
Q run consecutively to the Group A sentence reaching a final sentence of 43 Q
months’ imprisonment.
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S S
( Isaac Tam )
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District Judge
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