區域法院（刑事）District Judge Ada Yim30/7/2024[2024] HKDC 1308
DCCC120/2023
A A
B B
DCCC 120/2023
C
[2024] HKDC 1308 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 120 OF 2023
F F
G ------------------------------------ G
HKSAR
H H
v
I DE Vera Gladys I
------------------------------------
J J
K Before: District Judge Ada Yim K
Date: 31 July 2024
L L
Present: Mr. FUNG Lap Tin, Leo, Public Prosecutor, for HKSAR
M Mr. PERCY Duncan Charles Hilary, instructed by Lee, M
Wong & Lam, assigned by the Director of Legal Aid, for
N N
the defendant
O Offence: [1] Passing or tendering counterfeit currency notes (行使或 O
付給偽製流通紙幣)
P P
[2] Failing to surrender to custody without reasonable cause
Q Q
(無合理因由而沒有按照法庭的指定歸押)
R R
--------------------------------------
S S
REASONS FOR SENTENCE
T -------------------------------------- T
U U
V V
-2-
A A
B B
1. The defendant was charged with one count of passing or
C tendering counterfeit currency notes, contrary to section 99(1)(a) of the C
Crimes Ordinance, Cap 200 and one count of failing to surrender to
D D
custody without reasonable cause, contrary to section 9L(1) and (3) of
E the Criminal Procedure Ordinance, Cap 221. The defendant pleaded E
guilty, admitted the facts and was convicted accordingly.
F F
G FACTS G
H H
2. Around 3pm on 10 July 2022, Victim agreed to sell two
I mobile phones for HK$2800 via Facebook and arranged to meet the I
buyer at MTR Jordan Station at 7pm on the same day. At the meeting
J J
point, the defendant approached the victim and said she came to trade
K for two mobile phones. The defendant passed 6 counterfeit $500 K
banknotes to the victim for the phones and walked away.
L L
M 3. While counting the banknotes, the victim suspected they M
were counterfeit, and gave chase to the defendant. A nearby police
N N
officer noted the chasing and intercepted the defendant. The officer
O checked and found the banknotes had the same serial number and then O
arrested the defendant.
P P
Q 4. Around 11:45pm on the same day, in a video-recorded Q
interview, the defendant stated under caution that she was purchasing
R R
the phones from the victim and would deliver the same to a relative in
S Philippine. S
T T
U U
V V
-3-
A A
B B
5. The defendant was subsequently charged for the present
C case. At the hearing on 6 February 2023 at Magistrates’ Court, the case C
was transferred to the District Court with the next hearing date
D D
scheduled on 23 February 2023. She was granted court bail in the
E interim. E
F 6. The defendant failed to attend court on 23 February 2023, F
a warrant of arrest was issued against her. She was arrested for another
G G
offence around 12:41pm on 22 September 2023 and her wanted status
H was revealed. She was re-arrested for the present case later on the same H
day.
I I
J MITIGATION J
K K
7. The defendant aged 41, a Philippine National who first
L came to Hong Kong in 1997 as a dependent child of her Filipino mother L
and American father. The parents are living in USA, while her siblings
M M
live in Philippine, her elder brother passed away around 2 July 2024.
N N
She is single mother with a son aged 18, currently looking after by her
O
aunt in Philippine. O
P P
8. After completing her secondary education, the defendant
Q mainly worked as a waitress. She was first convicted for shoplifting and Q
possession of dangerous drugs in June 2013. Since then she has 11
R R
convictions with 16 Counts mainly shoplifting and possession of
S dangerous drugs. She is a drug addict and has been to DATC on three S
separate occasions.
T T
U U
V V
-4-
A A
B B
9. The defendant obtained the counterfeit notes from an India
C male introduced by a friend. She was affected by drugs when she used C
the notes to purchase the phones. The deception did not work as the
D D
lighting was good and the notes were of poor quality. The defendant
E was quickly apprehended by Police and the phones were recovered E
intact. She acknowledges that she has no reasonable cause to excuse her
F F
failure to surrender to custody and to attend court.
G G
10. The defendant in her mitigation letter expresses her regret
H and states that because of her background, she grew up to become a H
weak willed young adult and hooked on drugs. The addiction seriously
I I
clouded her judgments in her life and led her into engaging in criminal
J activities. She has determined and committed to correct all her previous J
wrongdoings. Her son had a motorcycle accident and still hospitalized
K K
for recovery but no longer in critical condition. She wishes able to take
L care her son as soon as possible. The prison chaplain wrote to confirm L
her remorse and determination. The priest also attends court to give her
M M
support.
N N
11. Though the defendant has previous convictions, this is her
O O
first conviction on tendering counterfeit notes. The nature of the offence
P is unsophisticated, small number of counterfeit notes involved with P
small total value. The phones were recovered without damage and the
Q Q
victim suffered no loss. She was co-operate with the police inquiry
R while there is no reasonable cause for her absconding. R
S 12. In light of the authorities, the defence submits the S
appropriate starting point should be slightly less than 30 months
T T
imprisonment for Charge one and 9 months imprisonment for Charge
U U
two. The defendant is entitled to the usual one-third reduction and
V V
-5-
A A
B B
taking consideration of the principle of totality, the defence urges the
C court to impose a final sentence in the region of about 24 months C
imprisonment.
D D
E SENTENCE E
F Charge One F
G G
13. There are no sentencing guidelines for the offence of
H
passing or tendering counterfeit currency notes. By section 99 of the H
Ordinance, a person who passes or tenders as genuine any thing which
I I
is, and which he knows or believes to be, a counterfeit of a currency note
J or of a protected coin is liable on conviction on indictment to J
imprisonment for 14 years.
K K
L 14. The defence refers me to HKSAR v Muhammad Munsha L
CACC 412/1999 where the applicant pleaded to a charge of having
M M
custody or control of 42 counterfeit HK$1,000 banknotes and was
N sentenced to 20 months’ imprisonment. The applicant advanced two N
reasons to support his appeal against sentence: one related to the health
O O
of his father, the other was about the condition of his wife. The father’s
P medical certificate indicates that was a long-standing illness while there P
was no supporting document in the case of the wife. The Court of
Q Q
Appeal considered the application was without merit.
R R
15. In HKSAR v Li Ho Yin CACC 128/2013, The Court of
S Appeal referred to HKSAR v Li Tsz Chung (CACC 312/2011 and CACC S
314/2011) where it was held that a starting point of 2½ years’
T T
imprisonment was appropriate for a charge involving using two
U U
counterfeit $500 banknote and received change. The Court also referred
V V
-6-
A A
B B
to HKSAR v Leung Wai Han (CACC 102/2002), where it was held that
C a starting point of 2½ years was appropriate for the possession of 33 C
counterfeit $100 notes.
D D
16. From the facts she admitted, the defendant was fully
E E
conscious at the material time, she used six counterfeit HK$500 notes to
F deceive two mobile phone valued at HK$2,800. In view of the F
unsophisticated nature of the offence and no loss suffered by the victim.
G G
I consider the appropriate starting point of Charge one is 30 months’
H imprisonment. H
I I
17. The defendant’s criminal records constitute an aggravating
J factor. She has 9 previous conviction records and was sentenced to 3 J
months’ imprisonment for theft on 27 January 2022; shortly upon
K K
release she committed Charge One on 10 July 2022. However, she has
L no similar previous conviction, and the 5 months’ imprisonment L
imposed in September 2023 for two offences committed after this
M M
offence was served. That being the case, I make no enhancement to the
N starting point. N
O O
Charge Two
P P
18. A person admitted to bail who, without reasonable cause,
Q Q
fails to surrender to custody as shall have been appointed by a court, is
R liable on conviction upon indictment to a fine of any amount and to R
imprisonment for 12 months.
S S
T 19. The defendant failed to attend court on 23 February 2023 T
and a warrant was issued for her arrest. Her wanted status was revealed
U U
V V
-7-
A A
B B
upon her arrest of another offence on 22 September 2023, she was then
C re-arrested on the same day. I consider the appropriate starting point is C
one of 9 months’ imprisonment.
D D
E 20. The defendant pleaded guilty, she is entitled to the usual E
1/3 reduction. There is no supporting document for the condition of the
F F
defendant’s son or the alleged traffic accident and I am informed today
G the son is no longer in critical condition. In any event, the criminal G
record of the defendant suggests that she was not involved in the care
H H
and control of the boy. I can understanding that being a mother, she is
I anxious to know the progress of his recovery, but I do not consider there I
to be any further mitigating factor in her case.
J J
21. Charge one and Charge two are two separate offences and
K K
th
different matters. This is her 4 record of absconding with warrant
L executed since 2013, her last record of absconding with warrant L
executed was with ESCC 1335/2021 sentenced on 27 January 2022.
M M
Having consider the total length of the sentence, I consider the term of
N N
the two charges should run consecutive with each other.
O O
ORDER
P P
Q Charge one 20 months’ imprisonment; Q
Charge two 6 months’ imprisonment, consecutive with Charge one,
R R
making a total of 26 months.
S S
T T
( Ada Yim )
U U
District Judge
V V
A A
B B
DCCC 120/2023
C
[2024] HKDC 1308 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 120 OF 2023
F F
G ------------------------------------ G
HKSAR
H H
v
I DE Vera Gladys I
------------------------------------
J J
K Before: District Judge Ada Yim K
Date: 31 July 2024
L L
Present: Mr. FUNG Lap Tin, Leo, Public Prosecutor, for HKSAR
M Mr. PERCY Duncan Charles Hilary, instructed by Lee, M
Wong & Lam, assigned by the Director of Legal Aid, for
N N
the defendant
O Offence: [1] Passing or tendering counterfeit currency notes (行使或 O
付給偽製流通紙幣)
P P
[2] Failing to surrender to custody without reasonable cause
Q Q
(無合理因由而沒有按照法庭的指定歸押)
R R
--------------------------------------
S S
REASONS FOR SENTENCE
T -------------------------------------- T
U U
V V
-2-
A A
B B
1. The defendant was charged with one count of passing or
C tendering counterfeit currency notes, contrary to section 99(1)(a) of the C
Crimes Ordinance, Cap 200 and one count of failing to surrender to
D D
custody without reasonable cause, contrary to section 9L(1) and (3) of
E the Criminal Procedure Ordinance, Cap 221. The defendant pleaded E
guilty, admitted the facts and was convicted accordingly.
F F
G FACTS G
H H
2. Around 3pm on 10 July 2022, Victim agreed to sell two
I mobile phones for HK$2800 via Facebook and arranged to meet the I
buyer at MTR Jordan Station at 7pm on the same day. At the meeting
J J
point, the defendant approached the victim and said she came to trade
K for two mobile phones. The defendant passed 6 counterfeit $500 K
banknotes to the victim for the phones and walked away.
L L
M 3. While counting the banknotes, the victim suspected they M
were counterfeit, and gave chase to the defendant. A nearby police
N N
officer noted the chasing and intercepted the defendant. The officer
O checked and found the banknotes had the same serial number and then O
arrested the defendant.
P P
Q 4. Around 11:45pm on the same day, in a video-recorded Q
interview, the defendant stated under caution that she was purchasing
R R
the phones from the victim and would deliver the same to a relative in
S Philippine. S
T T
U U
V V
-3-
A A
B B
5. The defendant was subsequently charged for the present
C case. At the hearing on 6 February 2023 at Magistrates’ Court, the case C
was transferred to the District Court with the next hearing date
D D
scheduled on 23 February 2023. She was granted court bail in the
E interim. E
F 6. The defendant failed to attend court on 23 February 2023, F
a warrant of arrest was issued against her. She was arrested for another
G G
offence around 12:41pm on 22 September 2023 and her wanted status
H was revealed. She was re-arrested for the present case later on the same H
day.
I I
J MITIGATION J
K K
7. The defendant aged 41, a Philippine National who first
L came to Hong Kong in 1997 as a dependent child of her Filipino mother L
and American father. The parents are living in USA, while her siblings
M M
live in Philippine, her elder brother passed away around 2 July 2024.
N N
She is single mother with a son aged 18, currently looking after by her
O
aunt in Philippine. O
P P
8. After completing her secondary education, the defendant
Q mainly worked as a waitress. She was first convicted for shoplifting and Q
possession of dangerous drugs in June 2013. Since then she has 11
R R
convictions with 16 Counts mainly shoplifting and possession of
S dangerous drugs. She is a drug addict and has been to DATC on three S
separate occasions.
T T
U U
V V
-4-
A A
B B
9. The defendant obtained the counterfeit notes from an India
C male introduced by a friend. She was affected by drugs when she used C
the notes to purchase the phones. The deception did not work as the
D D
lighting was good and the notes were of poor quality. The defendant
E was quickly apprehended by Police and the phones were recovered E
intact. She acknowledges that she has no reasonable cause to excuse her
F F
failure to surrender to custody and to attend court.
G G
10. The defendant in her mitigation letter expresses her regret
H and states that because of her background, she grew up to become a H
weak willed young adult and hooked on drugs. The addiction seriously
I I
clouded her judgments in her life and led her into engaging in criminal
J activities. She has determined and committed to correct all her previous J
wrongdoings. Her son had a motorcycle accident and still hospitalized
K K
for recovery but no longer in critical condition. She wishes able to take
L care her son as soon as possible. The prison chaplain wrote to confirm L
her remorse and determination. The priest also attends court to give her
M M
support.
N N
11. Though the defendant has previous convictions, this is her
O O
first conviction on tendering counterfeit notes. The nature of the offence
P is unsophisticated, small number of counterfeit notes involved with P
small total value. The phones were recovered without damage and the
Q Q
victim suffered no loss. She was co-operate with the police inquiry
R while there is no reasonable cause for her absconding. R
S 12. In light of the authorities, the defence submits the S
appropriate starting point should be slightly less than 30 months
T T
imprisonment for Charge one and 9 months imprisonment for Charge
U U
two. The defendant is entitled to the usual one-third reduction and
V V
-5-
A A
B B
taking consideration of the principle of totality, the defence urges the
C court to impose a final sentence in the region of about 24 months C
imprisonment.
D D
E SENTENCE E
F Charge One F
G G
13. There are no sentencing guidelines for the offence of
H
passing or tendering counterfeit currency notes. By section 99 of the H
Ordinance, a person who passes or tenders as genuine any thing which
I I
is, and which he knows or believes to be, a counterfeit of a currency note
J or of a protected coin is liable on conviction on indictment to J
imprisonment for 14 years.
K K
L 14. The defence refers me to HKSAR v Muhammad Munsha L
CACC 412/1999 where the applicant pleaded to a charge of having
M M
custody or control of 42 counterfeit HK$1,000 banknotes and was
N sentenced to 20 months’ imprisonment. The applicant advanced two N
reasons to support his appeal against sentence: one related to the health
O O
of his father, the other was about the condition of his wife. The father’s
P medical certificate indicates that was a long-standing illness while there P
was no supporting document in the case of the wife. The Court of
Q Q
Appeal considered the application was without merit.
R R
15. In HKSAR v Li Ho Yin CACC 128/2013, The Court of
S Appeal referred to HKSAR v Li Tsz Chung (CACC 312/2011 and CACC S
314/2011) where it was held that a starting point of 2½ years’
T T
imprisonment was appropriate for a charge involving using two
U U
counterfeit $500 banknote and received change. The Court also referred
V V
-6-
A A
B B
to HKSAR v Leung Wai Han (CACC 102/2002), where it was held that
C a starting point of 2½ years was appropriate for the possession of 33 C
counterfeit $100 notes.
D D
16. From the facts she admitted, the defendant was fully
E E
conscious at the material time, she used six counterfeit HK$500 notes to
F deceive two mobile phone valued at HK$2,800. In view of the F
unsophisticated nature of the offence and no loss suffered by the victim.
G G
I consider the appropriate starting point of Charge one is 30 months’
H imprisonment. H
I I
17. The defendant’s criminal records constitute an aggravating
J factor. She has 9 previous conviction records and was sentenced to 3 J
months’ imprisonment for theft on 27 January 2022; shortly upon
K K
release she committed Charge One on 10 July 2022. However, she has
L no similar previous conviction, and the 5 months’ imprisonment L
imposed in September 2023 for two offences committed after this
M M
offence was served. That being the case, I make no enhancement to the
N starting point. N
O O
Charge Two
P P
18. A person admitted to bail who, without reasonable cause,
Q Q
fails to surrender to custody as shall have been appointed by a court, is
R liable on conviction upon indictment to a fine of any amount and to R
imprisonment for 12 months.
S S
T 19. The defendant failed to attend court on 23 February 2023 T
and a warrant was issued for her arrest. Her wanted status was revealed
U U
V V
-7-
A A
B B
upon her arrest of another offence on 22 September 2023, she was then
C re-arrested on the same day. I consider the appropriate starting point is C
one of 9 months’ imprisonment.
D D
E 20. The defendant pleaded guilty, she is entitled to the usual E
1/3 reduction. There is no supporting document for the condition of the
F F
defendant’s son or the alleged traffic accident and I am informed today
G the son is no longer in critical condition. In any event, the criminal G
record of the defendant suggests that she was not involved in the care
H H
and control of the boy. I can understanding that being a mother, she is
I anxious to know the progress of his recovery, but I do not consider there I
to be any further mitigating factor in her case.
J J
21. Charge one and Charge two are two separate offences and
K K
th
different matters. This is her 4 record of absconding with warrant
L executed since 2013, her last record of absconding with warrant L
executed was with ESCC 1335/2021 sentenced on 27 January 2022.
M M
Having consider the total length of the sentence, I consider the term of
N N
the two charges should run consecutive with each other.
O O
ORDER
P P
Q Charge one 20 months’ imprisonment; Q
Charge two 6 months’ imprisonment, consecutive with Charge one,
R R
making a total of 26 months.
S S
T T
( Ada Yim )
U U
District Judge
V V