A A
DCCC703/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 703 OF 2009
C C
----------------------
D D
HKSAR
E v. E
Ejegi Godspower
F F
----------------------
G G
Before: H H Judge Tallentire
Date: 10 November 2009 at 10.42 am
H Present: Ms Sezen Chong, PP, of the Department of Justice, for H
HKSAR
Mr Acker Mohamed Omar, instructed by Vidler & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Fraud (欺詐罪) J
(2) to (9) Obtaining properties by deception (以欺騙手段
取得財產)
K K
(10) Attempted fraud (企圖欺詐罪)
(11) Possession of a false travel document (管有虛假旅行
L 證件) L
M M
---------------------
N Reasons for Sentence N
---------------------
O O
P 1. Defendant, you pleaded guilty to one offence, which is P
Charge 1, of fraud, contrary to section 16A of the Theft
Q Ordinance, Cap.210. You also pleaded guilty to four offences of Q
obtaining property by deception, those are Charges 4, 7, 8 and
R R
9, and one offence of possession of a false travel document,
which is charge 11 the latter being contrary to section 42(2)(c)
S S
and (4) of the Immigration Ordinance, the four obtaining by
T deceptions for the record being contrary to section 17 of the T
Theft Ordinance.
U U
CRT31/10.11.2009/LT 1 DCCC703/2009/Sentence
V V
A A
2. Charges 2, 3, 5, 6 and 10 were ordered to be left on
the file and not to be proceeded with without the leave of this
B B
court or the Court of Appeal.
C C
3. The facts of the case were as follows. I deal first
D with Charge 1. D
E E
4. Fan Yun-ling (PW1), Lai Yuet-yee (PW2) and Lai Yip-kay
(PW3) were the staff of American Express at the 18th Floor,
F F
Phase 4, City Plaza, 12 Tai Koo Shing Road. At around 0900 hours
G on 13 January of this year you approached PW1 and asked for a G
replacement American Express card in the name of Habib Kairouz.
H PW1 checked and found that a loss report had indeed been made H
and a replacement card in that name was ready for collection.
I I
You said you were collecting the card but PW1 said an
authorisation letter was needed, so you left.
J J
K
5. You returned at around noon with such a letter K
authorising Laniel Braimah Kipo to collect the card and
L purported to be signed by Habib Kairouz. That is Exhibit 1. You L
also produced a Lesotho passport in the name of Kipo but with
M your photograph. PW1 released the American Express card, which M
is Exhibit E2, you signed a receipt and left. You were captured
N N
on CCTV.
O O
6. In relation to Charge 4, Kong Pui-yi (PW6) was a
P member of staff of Chow Tai Fook Jewellery Company Limited at P
341 Nathan Road. At around 1330 hours on 13 January she served
Q you and an unknown male who presented E2 to pay for one gold Q
bracelet, one gold necklace, one gold ring, and two Rolex
R R
watches, the total amount being $220,512. The transaction was
successful and you left.
S S
T 7. On the afternoon of 17 January you pawned one of the T
Rolex watches at Tak Wah Pawnshop producing a Lesotho passport
U and obtaining $42,000. U
CRT31/10.11.2009/LT 2 DCCC703/2009/Sentence
V V
A A
8. In the afternoon of 19 January you pawned the other
B B
Rolex watch for $45,000 at Tai Yick Pawnshop, producing the same
C passport. C
D Charge 7 D
9. Chan Chi-wai (PW9), was a member of staff of Chow Tai
E E
Fook Jewellery Company Limited at 149-151 Castle Peak Road, Yuen
Long. At around 1350 hours on 14 January PW9 served you and an
F F
unknown male. You produced Exhibit 2 to purchase three gold
G bracelets, one gold necklace and two gold rings for $124,130. G
You were captured again on CCTV.
H H
Charge 8
I I
10. Monique Wong (PW8), was a member of staff of Chow Tai
Fook Jewellery Company Limited at Shop 7, Ground Floor, Bank
J J
Central Mall, Nathan Road. At about 1615 hours on 14 January you
K
and an unknown male presented E2 to pay for two gold bracelets, K
one gold necklace and four gold bars for $223,880. Again, you
L were captured on CCTV. L
M Charge 9 M
11. Yeung Hon-leung (PW11), was a member of staff of Chow
N N
Tai Fook Jewellery Company Limited at 625-629 Nathan Road. At
around 1500 hours on 15 January this year PW11 served you and an
O O
unknown male. You and the unknown male presented E2 to pay
P $757,440 for 18 gold bars. You were captured again on CCTV and P
identified at a subsequent identification parade.
Q Q
Charge 11
R R
12. At around 0900 hours on 25 March, you attended the
office of American Express and produced a Zambian passport in
S S
the name of Joseph Mubanga in order to attempt to collect an
T American Express card. The Hong Kong Immigration chop on Exhibit T
5 was later found to be forged and the photograph a
U substitution. On that occasion you were arrested by DPC34550. U
CRT31/10.11.2009/LT 3 DCCC703/2009/Sentence
V V
A A
13. Habib Kairouz stated he was the owner of the American
B B
Express card and had never requested its replacement, nor issued
C a letter of authorisation to anyone, nor had he authorised C
anyone to effect illegal transactions.
D D
14. You admitted to one previous conviction, which is of a
E E
totally different nature. For the purpose of sentence, I am
treating you as a person of ostensibly good character.
F F
G 15. In mitigation on your behalf Mr Omar told me that you G
are 30 years of age, educated to secondary level in Nigeria,
H that you and your brother had fled from Nigeria when your father H
had been assassinated in 2003 due to his political affiliations.
I I
You came to Hong Kong and sought asylum but you were refused by
the UNHCR and you were awaiting an application under the
J J
Convention Against Torture. Mr Omar told me that you became
K
involved in this scheme because of a promise of a foreign K
passport and relocation to another country. I have also read and
L taken into account the letter that you wrote to me. L
M 16. I turn now to the sentence. The card itself is a card M
without a credit limit and the total loss to American Express is
N N
in excess of $1.3 million. Now, for certain, you did not act
alone in this enterprise.
O O
P 17. I did, as I said, treat you as a person of ostensibly P
clear record having but one previous offence, and that is of a
Q minor assault. Q
R R
18. Credit card frauds are both prevalent and serious. It
is well-established that such offences can only attract
S S
custodial sentences of some length. My approach in this case is
T to view the obtaining of the card and the use of the card as T
part of a scheme and to sentence for the overall criminality,
U U
CRT31/10.11.2009/LT 4 DCCC703/2009/Sentence
V V
A A
even though there are five related offences. Obviously the
matter relating to the passport stands separate and apart.
B B
C 19. In respect of Charges 1, 4, 7, 8 and 9, I take as an C
overall starting point 5 years’ imprisonment - that is 60 months
D - reduced to 40 months for your plea of guilty. D
E E
20. In respect of Charge 11, I take as a starting point
9 months’ imprisonment, reduced to 6 months for your plea of
F F
guilty. To apply the principle of totality, 2 months will be
G served consecutively and 4 months concurrently. G
H 21. Therefore, you will go to prison for a total of H
42 months.
I I
22. The 40 months I make it entirely clear on the first
J J
five offences are to be served concurrent with each other.
K K
L L
M M
N Tallentire N
District Judge
O O
P P
Q Q
R R
S S
T T
U U
CRT31/10.11.2009/LT 5 DCCC703/2009/Sentence
V V
A A
DCCC703/2009
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 703 OF 2009
C C
----------------------
D D
HKSAR
E v. E
Ejegi Godspower
F F
----------------------
G G
Before: H H Judge Tallentire
Date: 10 November 2009 at 10.42 am
H Present: Ms Sezen Chong, PP, of the Department of Justice, for H
HKSAR
Mr Acker Mohamed Omar, instructed by Vidler & Co.,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Fraud (欺詐罪) J
(2) to (9) Obtaining properties by deception (以欺騙手段
取得財產)
K K
(10) Attempted fraud (企圖欺詐罪)
(11) Possession of a false travel document (管有虛假旅行
L 證件) L
M M
---------------------
N Reasons for Sentence N
---------------------
O O
P 1. Defendant, you pleaded guilty to one offence, which is P
Charge 1, of fraud, contrary to section 16A of the Theft
Q Ordinance, Cap.210. You also pleaded guilty to four offences of Q
obtaining property by deception, those are Charges 4, 7, 8 and
R R
9, and one offence of possession of a false travel document,
which is charge 11 the latter being contrary to section 42(2)(c)
S S
and (4) of the Immigration Ordinance, the four obtaining by
T deceptions for the record being contrary to section 17 of the T
Theft Ordinance.
U U
CRT31/10.11.2009/LT 1 DCCC703/2009/Sentence
V V
A A
2. Charges 2, 3, 5, 6 and 10 were ordered to be left on
the file and not to be proceeded with without the leave of this
B B
court or the Court of Appeal.
C C
3. The facts of the case were as follows. I deal first
D with Charge 1. D
E E
4. Fan Yun-ling (PW1), Lai Yuet-yee (PW2) and Lai Yip-kay
(PW3) were the staff of American Express at the 18th Floor,
F F
Phase 4, City Plaza, 12 Tai Koo Shing Road. At around 0900 hours
G on 13 January of this year you approached PW1 and asked for a G
replacement American Express card in the name of Habib Kairouz.
H PW1 checked and found that a loss report had indeed been made H
and a replacement card in that name was ready for collection.
I I
You said you were collecting the card but PW1 said an
authorisation letter was needed, so you left.
J J
K
5. You returned at around noon with such a letter K
authorising Laniel Braimah Kipo to collect the card and
L purported to be signed by Habib Kairouz. That is Exhibit 1. You L
also produced a Lesotho passport in the name of Kipo but with
M your photograph. PW1 released the American Express card, which M
is Exhibit E2, you signed a receipt and left. You were captured
N N
on CCTV.
O O
6. In relation to Charge 4, Kong Pui-yi (PW6) was a
P member of staff of Chow Tai Fook Jewellery Company Limited at P
341 Nathan Road. At around 1330 hours on 13 January she served
Q you and an unknown male who presented E2 to pay for one gold Q
bracelet, one gold necklace, one gold ring, and two Rolex
R R
watches, the total amount being $220,512. The transaction was
successful and you left.
S S
T 7. On the afternoon of 17 January you pawned one of the T
Rolex watches at Tak Wah Pawnshop producing a Lesotho passport
U and obtaining $42,000. U
CRT31/10.11.2009/LT 2 DCCC703/2009/Sentence
V V
A A
8. In the afternoon of 19 January you pawned the other
B B
Rolex watch for $45,000 at Tai Yick Pawnshop, producing the same
C passport. C
D Charge 7 D
9. Chan Chi-wai (PW9), was a member of staff of Chow Tai
E E
Fook Jewellery Company Limited at 149-151 Castle Peak Road, Yuen
Long. At around 1350 hours on 14 January PW9 served you and an
F F
unknown male. You produced Exhibit 2 to purchase three gold
G bracelets, one gold necklace and two gold rings for $124,130. G
You were captured again on CCTV.
H H
Charge 8
I I
10. Monique Wong (PW8), was a member of staff of Chow Tai
Fook Jewellery Company Limited at Shop 7, Ground Floor, Bank
J J
Central Mall, Nathan Road. At about 1615 hours on 14 January you
K
and an unknown male presented E2 to pay for two gold bracelets, K
one gold necklace and four gold bars for $223,880. Again, you
L were captured on CCTV. L
M Charge 9 M
11. Yeung Hon-leung (PW11), was a member of staff of Chow
N N
Tai Fook Jewellery Company Limited at 625-629 Nathan Road. At
around 1500 hours on 15 January this year PW11 served you and an
O O
unknown male. You and the unknown male presented E2 to pay
P $757,440 for 18 gold bars. You were captured again on CCTV and P
identified at a subsequent identification parade.
Q Q
Charge 11
R R
12. At around 0900 hours on 25 March, you attended the
office of American Express and produced a Zambian passport in
S S
the name of Joseph Mubanga in order to attempt to collect an
T American Express card. The Hong Kong Immigration chop on Exhibit T
5 was later found to be forged and the photograph a
U substitution. On that occasion you were arrested by DPC34550. U
CRT31/10.11.2009/LT 3 DCCC703/2009/Sentence
V V
A A
13. Habib Kairouz stated he was the owner of the American
B B
Express card and had never requested its replacement, nor issued
C a letter of authorisation to anyone, nor had he authorised C
anyone to effect illegal transactions.
D D
14. You admitted to one previous conviction, which is of a
E E
totally different nature. For the purpose of sentence, I am
treating you as a person of ostensibly good character.
F F
G 15. In mitigation on your behalf Mr Omar told me that you G
are 30 years of age, educated to secondary level in Nigeria,
H that you and your brother had fled from Nigeria when your father H
had been assassinated in 2003 due to his political affiliations.
I I
You came to Hong Kong and sought asylum but you were refused by
the UNHCR and you were awaiting an application under the
J J
Convention Against Torture. Mr Omar told me that you became
K
involved in this scheme because of a promise of a foreign K
passport and relocation to another country. I have also read and
L taken into account the letter that you wrote to me. L
M 16. I turn now to the sentence. The card itself is a card M
without a credit limit and the total loss to American Express is
N N
in excess of $1.3 million. Now, for certain, you did not act
alone in this enterprise.
O O
P 17. I did, as I said, treat you as a person of ostensibly P
clear record having but one previous offence, and that is of a
Q minor assault. Q
R R
18. Credit card frauds are both prevalent and serious. It
is well-established that such offences can only attract
S S
custodial sentences of some length. My approach in this case is
T to view the obtaining of the card and the use of the card as T
part of a scheme and to sentence for the overall criminality,
U U
CRT31/10.11.2009/LT 4 DCCC703/2009/Sentence
V V
A A
even though there are five related offences. Obviously the
matter relating to the passport stands separate and apart.
B B
C 19. In respect of Charges 1, 4, 7, 8 and 9, I take as an C
overall starting point 5 years’ imprisonment - that is 60 months
D - reduced to 40 months for your plea of guilty. D
E E
20. In respect of Charge 11, I take as a starting point
9 months’ imprisonment, reduced to 6 months for your plea of
F F
guilty. To apply the principle of totality, 2 months will be
G served consecutively and 4 months concurrently. G
H 21. Therefore, you will go to prison for a total of H
42 months.
I I
22. The 40 months I make it entirely clear on the first
J J
five offences are to be served concurrent with each other.
K K
L L
M M
N Tallentire N
District Judge
O O
P P
Q Q
R R
S S
T T
U U
CRT31/10.11.2009/LT 5 DCCC703/2009/Sentence
V V