區域法院（刑事）Deputy District Judge Bernard Chung8/10/2020[2020] HKDC 904
DCCC239/2020
A A
B B
DCCC 239/2020
C [2020] HKDC 904 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 239 OF 2020
F F
G -------------------------------- G
HKSAR
H H
v
I LAU HOI YUEN I
--------------------------------
J J
K Before: Deputy District Judge Bernard Chung K
Date: 9 October 2020
L L
Present: Ms Gekko Lan, Counsel on fiat, for HKSAR
M Ms See Heung Woon, Sabrina, instructed by Hobson & Ma, M
assigned by the Director of Legal Aid, for the defendant
N N
Offence: Conspiracy to make false instruments（串謀製造虛假文書）
O O
P
----------------------------------------- P
REASONS FOR SENTENCE
Q Q
-----------------------------------------
R R
S S
T T
U U
V V
-2-
A A
B B
The charge
C C
1. The defendant (“D”) pleaded guilty to one charge of
D D
Conspiracy to make false instruments, contrary to sections 71, 159A and
E 159C of the Crimes Ordinance, Cap 200 and sections 2 and 6 of the E
Criminal Jurisdiction Ordinance, Cap 461.
F F
G 2. The Particulars of Offence read as follows:- G
H H
“LAU Hoi-yuen, between a day unknown in late 2017 and the
18th day of October 2018, both dates inclusive, in Hong Kong or
I elsewhere, conspired with a person known as “Ah Ling”, a I
person known as “Ah Fong” and a person known as “Ah Chun”
to make false instruments, namely, false Hong Kong Identity
J J
Cards, false Construction Workers Registration Cards and false
Construction Industry Safety Training Certificates, with the
K intention that others would use them to induce somebody to K
accept them as genuine, and by reason of so accepting them to
do or not to do some act to his own or any other person’s
L prejudice.” L
M M
Summary of facts
N N
3. The Summary of Facts admitted by D shows that on 18
O O
October 2018, D was arrested for “Forgery” as she was believed to have
P provided false HKID Cards (“HKIDC”) to illegal immigrants. Under P
caution, she admitted that she had helped others deliver false identity cards
Q Q
to Hong Kong and earned HK$250 for each card. 1 i-Phone and 20
R HK$500 banknotes were seized from her home. R
S S
4. D’s i-Phone was examined and was found to have various
T suspicious WeChat conversations with someone under the username of T
“Ling Ling”. In 2 subsequent video-recorded interviews under caution
U U
V V
-3-
A A
B B
conducted on 19 October 2018, D further admitted that at the end of 2017,
C her friend in Shenzhen named “Ah Ling” asked her to help deliver false C
HKIDCs from Shenzhen to Hong Kong in return for HK$250 per card. She
D D
had done so for “Ah Ling” 10-20 times, carrying 1-4 false cards each time,
E on each occasion she would pass the false HKIDCs to either a Vietnamese E
male named “Ah Chun” or a Vietnamese female named “Ah Fong” at
F F
Sham Shui Po MTR Station. They would both pay her in cash.
G G
5. As to the WeChat messages in D’s i-Phone, they were also
H H
shown to D during the interviews. There were at least 20 such messages,
I spanning between 2 July and 27 September 2018. These messages related I
to at least 16 false HKIDCs, 2 false Construction Workers Registration
J J
Cards (“CWRC”) and 2 false Construction Industry Safety Training
K Certificates (“CISTC”). The messages also referred to 3 genuine HKIDCs, K
2 of which had been reported missing. The messages also demonstrated
L L
that D, apart from being a courier of the false instruments, also passed on
M personal particulars of the users of the false instruments to “Ah Ling” and M
instructions to have them manufactured. She also assisted Ah Ling in the
N N
production of some of the false instruments involved, eg editing the
O photographs involved, and made calculations as to how much “Ah Ling” O
would receive as a result of the illegal operations.
P P
Q 6. D admitted that she had gone to Mainland China on 11, 13 Q
and 17 October 2018 to pick up false HKIDCs from Ah Ling to be passed
R R
to Ah Fong in Sham Shui Po. She knew that most of the false instruments
S were for Vietnamese illegal immigrants. Around HK$4,000 of the cash S
seized from her home was from Ah Fong and Ah Chun. She had earned a
T T
U U
V V
-4-
A A
B B
little over HK$1,000 a month by helping Ah Ling deliver the false HKIDCs
C and had earned around HK$10,000 after less than a year. C
D D
7. The falsity of the HKIDCs involved was confirmed by the
E Immigration Department. E
F F
8. D admitted that at the material times she had conspired with
G Ah Ling, Ah Fong and Ah Chun to make false instruments as particularized G
in the Charge.
H H
I Background of D I
J J
9. D is now 45 years old, born in Mainland China in 1974. She
K received education up to secondary level. She got married in 1995 and K
gave birth to 3 children. Her husband came to settle in Hong Kong in 2001
L L
and she and her children joined him in 2006. Unfortunately, her husband
M was deeply addicted to gambling with debt collectors kept troubling her M
family. She finally divorced him in 2008 and without any means to support
N N
the family, she relied on Comprehensive Social Security Assistance to
O support her family. After the daughters had grown up, she started to work O
to earn a living. She worked in the insurance field initially in 2016, earning
P P
about HK$10,000 per month. In early 2018 she was employed by a
Q solicitor firm as a clerk, with similar monthly income. She resigned in June Q
2020 as a result of the present proceedings.
R R
S 10. D has a minor criminal record. She was convicted of Breach S
of conditions of stay in 2002 and was fined HK$400. She indicated to the
T T
probation officer that at the time she came to HK with a Two-way Permit
U U
V V
-5-
A A
B B
but overstayed to give birth to her youngest son. I have indicated that I
C will ignore this record and treat her as a person with clear record for the C
purpose of the present proceedings.
D D
E Mitigation E
F F
11. In mitigation, Ms See submitted that since the divorce in
G 2008, D had been in dire financial situation, as she needed to raise her three G
children alone. In December 2017, her application for public housing
H H
succeeded. As such, she needed money to pay rental deposits and
I renovation. Out of momentary impulse, she committed the present I
offence. It is further submitted that D is not a greedy person, and she did
J J
volunteer work for the Hong Kong Department Stores and Retail General
K Union. D is very remorseful for what she had done. Since the arrest, she K
had been suffering from depressive disorder, as she is deeply concerned
L L
with the situation of her children. Further, D was willing to provide
M assistance to the police but could not do so as the other culprits could not M
be located. Mitigation letters written by D’s children, her previous
N N
employer and the Hong Kong Department Stores and Retail General Union
O were submitted in support. O
P P
12. Ms See submitted that the present case does not involve
Q international element and that D only acted as a courier with very small Q
monetary gain. She urged the court to be as lenient as possible to D.
R R
S S
T T
U U
V V
-6-
A A
B B
Sentence
C C
13. There is no tariff for the offence of Conspiracy to make false
D D
instruments, each case depends on its own facts.
E E
14. Ms Lan for the prosecution referred me to 2 cases, HKSAR v
F F
Baljit Singh unrep CACC 17/2018, [2020] HKCA 164 and HKSAR v Chu
G Ping Sheung unrep CACC 51/1998. G
H H
15. The facts of Baljit Singh, so far as it relates to the Charge of
I Conspiracy to make false instruments, were similar to the present case. I
The syndicate mainly catered for non-refoulement claimants looking for
J J
jobs. However, it only involved false HKIDCs and the appellant had acted
K as a courier simpliciter for a month for around 4 times. The reward was K
that he was allowed to work in a restaurant earning about HK$1,500 per
L L
month. The Deputy District Judge adopted 42 months as the notional
M starting point. There was no complaint by the appellant on this starting M
point on appeal.
N N
O 16. In Chu Ping Sheung, the appellant was caught selling 1 set of O
false documents including HKIDC, HK Passport, Japan tourist visa and
P P
China Two-way permit to 2 undercover police officers posing as over-
Q stayers from Mainland China. With the international element involved, the Q
CA considered that 4½ years was an entirely proper starting point.
R R
S 17. I have also considered the case of HKSAR v Chan Yip Chi S
[2006] 2 HKLRD 181. The appellant in that case was caught selling
T T
Temporary HK Identity Cards (“TIC”) to undercover ICAC officers. He
U U
V V
-7-
A A
B B
had a previous similar conviction. The CA agreed with the learned trial
C Judge that TICs are easier to be forged but such conduct must be deterred C
and a starting point of 3½ years was considered appropriate.
D D
E 18. The present case involved a well-organized syndicate with the E
manufacturing process based in Shenzhen. It mainly catered for illegal
F F
immigrants from Vietnam. The false HKIDCs would allow the buyers to
G continue to stay in HK illegally and to obtain employments. The serious G
implications to the Identity Card system and the employment market in HK
H H
can readily be recognized. This case is more serious as it also involved
I manufacturing and selling of false CWRCs and CISTCs. Such false I
instruments would facilitate the users to obtain employment in construction
J J
industry where safety training was required. Such requirements were in
K place to protect not only the workers themselves but others who worked K
alongside them. By using these false instruments, the users would be able
L L
to work in construction sites without having received the required safety
M training. Both themselves and the innocent hard-working fellow workers M
would be exposed to unjustified physical danger.
N N
O 19. D had been involved in this illegal syndicate for at least a year. O
Her role was much more than a courier simpliciter, having been involved
P P
in placing orders, assisting in the processing of photographs and the
Q calculation of payments. Q
R R
20. Having taken all relevant matters and submissions by counsel
S into consideration, for the present offence I adopt 4 years as the starting S
point. For D’s personal background and previous good character, I reduce
T T
the sentence by 3 months. The sentence is further reduced by 1/3 for the
U U
V V
-8-
A A
B B
timely guilty plea. The defendant is sentenced to 2 years and 6 months’
C imprisonment. C
D D
E E
F F
( Bernard Chung )
Deputy District Judge
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
A A
B B
DCCC 239/2020
C [2020] HKDC 904 C
D D
IN THE DISTRICT COURT OF THE
E HONG KONG SPECIAL ADMINISTRATIVE REGION E
CRIMINAL CASE NO 239 OF 2020
F F
G -------------------------------- G
HKSAR
H H
v
I LAU HOI YUEN I
--------------------------------
J J
K Before: Deputy District Judge Bernard Chung K
Date: 9 October 2020
L L
Present: Ms Gekko Lan, Counsel on fiat, for HKSAR
M Ms See Heung Woon, Sabrina, instructed by Hobson & Ma, M
assigned by the Director of Legal Aid, for the defendant
N N
Offence: Conspiracy to make false instruments（串謀製造虛假文書）
O O
P
----------------------------------------- P
REASONS FOR SENTENCE
Q Q
-----------------------------------------
R R
S S
T T
U U
V V
-2-
A A
B B
The charge
C C
1. The defendant (“D”) pleaded guilty to one charge of
D D
Conspiracy to make false instruments, contrary to sections 71, 159A and
E 159C of the Crimes Ordinance, Cap 200 and sections 2 and 6 of the E
Criminal Jurisdiction Ordinance, Cap 461.
F F
G 2. The Particulars of Offence read as follows:- G
H H
“LAU Hoi-yuen, between a day unknown in late 2017 and the
18th day of October 2018, both dates inclusive, in Hong Kong or
I elsewhere, conspired with a person known as “Ah Ling”, a I
person known as “Ah Fong” and a person known as “Ah Chun”
to make false instruments, namely, false Hong Kong Identity
J J
Cards, false Construction Workers Registration Cards and false
Construction Industry Safety Training Certificates, with the
K intention that others would use them to induce somebody to K
accept them as genuine, and by reason of so accepting them to
do or not to do some act to his own or any other person’s
L prejudice.” L
M M
Summary of facts
N N
3. The Summary of Facts admitted by D shows that on 18
O O
October 2018, D was arrested for “Forgery” as she was believed to have
P provided false HKID Cards (“HKIDC”) to illegal immigrants. Under P
caution, she admitted that she had helped others deliver false identity cards
Q Q
to Hong Kong and earned HK$250 for each card. 1 i-Phone and 20
R HK$500 banknotes were seized from her home. R
S S
4. D’s i-Phone was examined and was found to have various
T suspicious WeChat conversations with someone under the username of T
“Ling Ling”. In 2 subsequent video-recorded interviews under caution
U U
V V
-3-
A A
B B
conducted on 19 October 2018, D further admitted that at the end of 2017,
C her friend in Shenzhen named “Ah Ling” asked her to help deliver false C
HKIDCs from Shenzhen to Hong Kong in return for HK$250 per card. She
D D
had done so for “Ah Ling” 10-20 times, carrying 1-4 false cards each time,
E on each occasion she would pass the false HKIDCs to either a Vietnamese E
male named “Ah Chun” or a Vietnamese female named “Ah Fong” at
F F
Sham Shui Po MTR Station. They would both pay her in cash.
G G
5. As to the WeChat messages in D’s i-Phone, they were also
H H
shown to D during the interviews. There were at least 20 such messages,
I spanning between 2 July and 27 September 2018. These messages related I
to at least 16 false HKIDCs, 2 false Construction Workers Registration
J J
Cards (“CWRC”) and 2 false Construction Industry Safety Training
K Certificates (“CISTC”). The messages also referred to 3 genuine HKIDCs, K
2 of which had been reported missing. The messages also demonstrated
L L
that D, apart from being a courier of the false instruments, also passed on
M personal particulars of the users of the false instruments to “Ah Ling” and M
instructions to have them manufactured. She also assisted Ah Ling in the
N N
production of some of the false instruments involved, eg editing the
O photographs involved, and made calculations as to how much “Ah Ling” O
would receive as a result of the illegal operations.
P P
Q 6. D admitted that she had gone to Mainland China on 11, 13 Q
and 17 October 2018 to pick up false HKIDCs from Ah Ling to be passed
R R
to Ah Fong in Sham Shui Po. She knew that most of the false instruments
S were for Vietnamese illegal immigrants. Around HK$4,000 of the cash S
seized from her home was from Ah Fong and Ah Chun. She had earned a
T T
U U
V V
-4-
A A
B B
little over HK$1,000 a month by helping Ah Ling deliver the false HKIDCs
C and had earned around HK$10,000 after less than a year. C
D D
7. The falsity of the HKIDCs involved was confirmed by the
E Immigration Department. E
F F
8. D admitted that at the material times she had conspired with
G Ah Ling, Ah Fong and Ah Chun to make false instruments as particularized G
in the Charge.
H H
I Background of D I
J J
9. D is now 45 years old, born in Mainland China in 1974. She
K received education up to secondary level. She got married in 1995 and K
gave birth to 3 children. Her husband came to settle in Hong Kong in 2001
L L
and she and her children joined him in 2006. Unfortunately, her husband
M was deeply addicted to gambling with debt collectors kept troubling her M
family. She finally divorced him in 2008 and without any means to support
N N
the family, she relied on Comprehensive Social Security Assistance to
O support her family. After the daughters had grown up, she started to work O
to earn a living. She worked in the insurance field initially in 2016, earning
P P
about HK$10,000 per month. In early 2018 she was employed by a
Q solicitor firm as a clerk, with similar monthly income. She resigned in June Q
2020 as a result of the present proceedings.
R R
S 10. D has a minor criminal record. She was convicted of Breach S
of conditions of stay in 2002 and was fined HK$400. She indicated to the
T T
probation officer that at the time she came to HK with a Two-way Permit
U U
V V
-5-
A A
B B
but overstayed to give birth to her youngest son. I have indicated that I
C will ignore this record and treat her as a person with clear record for the C
purpose of the present proceedings.
D D
E Mitigation E
F F
11. In mitigation, Ms See submitted that since the divorce in
G 2008, D had been in dire financial situation, as she needed to raise her three G
children alone. In December 2017, her application for public housing
H H
succeeded. As such, she needed money to pay rental deposits and
I renovation. Out of momentary impulse, she committed the present I
offence. It is further submitted that D is not a greedy person, and she did
J J
volunteer work for the Hong Kong Department Stores and Retail General
K Union. D is very remorseful for what she had done. Since the arrest, she K
had been suffering from depressive disorder, as she is deeply concerned
L L
with the situation of her children. Further, D was willing to provide
M assistance to the police but could not do so as the other culprits could not M
be located. Mitigation letters written by D’s children, her previous
N N
employer and the Hong Kong Department Stores and Retail General Union
O were submitted in support. O
P P
12. Ms See submitted that the present case does not involve
Q international element and that D only acted as a courier with very small Q
monetary gain. She urged the court to be as lenient as possible to D.
R R
S S
T T
U U
V V
-6-
A A
B B
Sentence
C C
13. There is no tariff for the offence of Conspiracy to make false
D D
instruments, each case depends on its own facts.
E E
14. Ms Lan for the prosecution referred me to 2 cases, HKSAR v
F F
Baljit Singh unrep CACC 17/2018, [2020] HKCA 164 and HKSAR v Chu
G Ping Sheung unrep CACC 51/1998. G
H H
15. The facts of Baljit Singh, so far as it relates to the Charge of
I Conspiracy to make false instruments, were similar to the present case. I
The syndicate mainly catered for non-refoulement claimants looking for
J J
jobs. However, it only involved false HKIDCs and the appellant had acted
K as a courier simpliciter for a month for around 4 times. The reward was K
that he was allowed to work in a restaurant earning about HK$1,500 per
L L
month. The Deputy District Judge adopted 42 months as the notional
M starting point. There was no complaint by the appellant on this starting M
point on appeal.
N N
O 16. In Chu Ping Sheung, the appellant was caught selling 1 set of O
false documents including HKIDC, HK Passport, Japan tourist visa and
P P
China Two-way permit to 2 undercover police officers posing as over-
Q stayers from Mainland China. With the international element involved, the Q
CA considered that 4½ years was an entirely proper starting point.
R R
S 17. I have also considered the case of HKSAR v Chan Yip Chi S
[2006] 2 HKLRD 181. The appellant in that case was caught selling
T T
Temporary HK Identity Cards (“TIC”) to undercover ICAC officers. He
U U
V V
-7-
A A
B B
had a previous similar conviction. The CA agreed with the learned trial
C Judge that TICs are easier to be forged but such conduct must be deterred C
and a starting point of 3½ years was considered appropriate.
D D
E 18. The present case involved a well-organized syndicate with the E
manufacturing process based in Shenzhen. It mainly catered for illegal
F F
immigrants from Vietnam. The false HKIDCs would allow the buyers to
G continue to stay in HK illegally and to obtain employments. The serious G
implications to the Identity Card system and the employment market in HK
H H
can readily be recognized. This case is more serious as it also involved
I manufacturing and selling of false CWRCs and CISTCs. Such false I
instruments would facilitate the users to obtain employment in construction
J J
industry where safety training was required. Such requirements were in
K place to protect not only the workers themselves but others who worked K
alongside them. By using these false instruments, the users would be able
L L
to work in construction sites without having received the required safety
M training. Both themselves and the innocent hard-working fellow workers M
would be exposed to unjustified physical danger.
N N
O 19. D had been involved in this illegal syndicate for at least a year. O
Her role was much more than a courier simpliciter, having been involved
P P
in placing orders, assisting in the processing of photographs and the
Q calculation of payments. Q
R R
20. Having taken all relevant matters and submissions by counsel
S into consideration, for the present offence I adopt 4 years as the starting S
point. For D’s personal background and previous good character, I reduce
T T
the sentence by 3 months. The sentence is further reduced by 1/3 for the
U U
V V
-8-
A A
B B
timely guilty plea. The defendant is sentenced to 2 years and 6 months’
C imprisonment. C
D D
E E
F F
( Bernard Chung )
Deputy District Judge
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
V V