A A
B B
DCCC 1035/2024 & DCCC 1341/2024
C (Heard together) C
[2026] HKDC 34
D D
E IN DISTRICT COURT OF THE E
HONG KONG SPECIAL ADMINISTRATIVE REGION
F F
CRIMINAL CASE NO 1035 OF 2024
G G
------------------------------
H H
HKSAR
I v I
WONG KIT HO
J J
------------------------------
K K
IN DISTRICT COURT OF THE
L L
HONG KONG SPECIAL ADMINISTRATIVE REGION
M CRIMINAL CASE NO 1341 OF 2024 M
N N
------------------------------
O HKSAR O
v
P P
WONG KIT HO
Q Q
------------------------------
R R
Before: His Honour Judge Tam in Court
S S
Date: 5 January 2026
T
Present: Ms Tam Ho Hobe, Senior Public Prosecutor (Ag), for T
HKSAR
U U
V V
-2-
A A
B B
Mr Cheung Wai Sun Patrick, Counsel instructed by Messrs
C C&Y Lawyers, assigned by Director of Legal Aid, for the C
Defendant
D D
Offences: DCCC 1035/2024
E [1] & [7] Theft (盜竊罪) E
[2] Using a forged identity card (使用偽造身分證)
F F
[3], [5] & [6] Obtaining property by deception (以欺騙手段
G G
取得財產)
H [4] Attempting to obtain property be deception (企圖以欺騙 H
手段取得財產)
I I
DCCC 1341/2024
J J
[1] Theft (盜竊罪)
K [2] Driving without a valid driving licence (駕駛時無有效駕 K
駛執照)
L L
[3] Using a motor vehicle without third party insurance (沒有
M M
第三者保險而使用汽車)
N N
---------------------------------------------
O O
REASONS FOR SENTENCE
P --------------------------------------------- P
Q Q
1. Although not consolidated, the two cases involving the same
R defendant Mr Wong, ie DCCC 1035/2024 and DCCC 1341/2024, were R
heard together before me.
S S
T T
U U
V V
-3-
A A
B B
DCCC 1035/2024
C C
2. Under DCCC 1035/2024, Mr Wong faces a Charge Sheet
D D
consisting of 7 charges. He pleaded guilty to 3 charges of Obtaining
E property by deception, contrary to section 17(1) of the Theft Ordinance, E
Cap 210, namely Charges 3, 5 and 6.
F F
G 3. He pleaded not guilty to the other 4 charges. Prosecution G
asked that they be left on court file not to be proceeded with without the
H H
leave of this court or the Court of Appeal. Upon Mr Wong’s conviction of
I Charges 3, 5 and 6, I so ordered. I
J J
4. Particulars of Charges 3, 5 and 6 are that Mr Wong, on 29
K February 2024, at “Club Watch”, Shop 89-91, 1st Floor, Metro Sham Shui, K
Kam Wah Mansion, Nos 226-242 Cheung Sha Wan Road, Sham Shui Po,
L L
Kowloon, in Hong Kong, dishonestly obtained from the staff of Club
M Watch Limited (“the said company”) one Rolex watch with serial number M
X (“the said goods”), with the intention of permanently depriving the said
N N
company thereof by deception, namely, by falsely representing that he was
O the genuine holder of one Y in the name of CSEKE ENIKO (“the said O
credit card”) and was authorized and entitled to use the said credit card to
P P
make payment for the said goods.
Q Q
R
5. For Charge 3, X is 11463956; Y is American Express credit R
card numbered 3771-117768-01011.
S S
T
6. For Charge 5, X is V7764748; Y is HSBC MasterCard T
numbered 5185-4200-1940-4645.
U U
V V
-4-
A A
B B
C 7. For Charge 6, X is V459573; Y is Citibank MasterCard C
numbered 5427-1340-0111-6327.
D D
E DCCC 1341/2024 E
F F
8. Under DCCC 1341/2024, Mr Wong faces a Charge Sheet
G consisting of 3 charges. He pleaded guilty to all three charges. G
H H
9. Charge 1 is Theft, contrary to section 9 of the Theft
I Ordinance, Cap 210. Particulars are that he, on or about 14 February 2024, I
at Tai Po, New Territories, in Hong Kong, stole one motor cycle bearing
J J
registration mark YS7071, property belonging to Law Chin Ho.
K K
10. Charge 2 is Driving without a valid driving licence, contrary
L L
to section 42(1) and (4) of the Road Traffic Ordinance, Cap 374.
M Particulars are that he, on 14 February 2024, in Hong Kong, drove a motor M
vehicle, namely, the same motor cycle, on a road when he was not the
N N
holder of a valid driving licence in respect of a vehicle of the class of
O vehicle which he was driving. O
P P
11. Charge 3 is Using a motor vehicle without third party
Q Q
insurance, contrary to section 4(1) and (2)(a) of the Motor Vehicles
R
Insurance (Third Party Risks) Ordinance, Cap 272. Particulars are that he, R
on 14 February 2024, in Hong Kong, used a motor vehicle, namely the
S S
same motor cycle on a road when there was not in force in relation to the
T
user thereof by him such a policy of insurance or such a security in respect T
U U
V V
-5-
A A
B B
of third party risks as complied with the requirements of the Motor
C Vehicles Insurance (Third Party Risks) Ordinance, Cap 272. C
D D
Facts admitted by Mr Wong
E E
12. The facts of DCCC 1341/2024 happened first, followed by the
F F
facts of DCCC 1035/2024.
G G
DCCC 1341/2024
H H
I 13. On 13 February 2024, at about 2:30 pm, Mr Law (PW1) left I
his motor cycle YS7071 at a parking space at Po Heung Square, Tai Po,
J J
properly locked and left.
K K
14. On 14 February 2024, at 1:05 am, PW1’s mobile phone
L L
received a notification from HKeToll that YS7071 passed through Loin
M Rock Tunnel earlier that day at 12:52 am and incurred a fee of $8. PW1 M
checked the location of the on-board AirTag and found it at Shun Ning
N N
Road near Tonkin Street, Cheung Sha Wan. He went to Po Heung Square
O and found YS7071 missing. He reported the case to the police. O
P P
15. At 1:26 am, PW1 found the AirTag at Shun Ning Road near
Q Q
Wing Hong Street, Cheung Sha Wan.
R R
16. Upon receiving the report, police officers went to Shun Ning
S S
Road for investigation. At 1:31 am, they found YS7071 parked at Shun
T
Ning Road near Wing Hong Street. Mr Wong was squatting on the T
U U
V V
-6-
A A
B B
pavement near YS7071. Mr Wong was intercepted. Upon enquiry, Mr
C Wong said he was waiting for his girlfriend. C
D D
17. At about 1:40 am, PW1 arrived at the scene. PW1 found the
E ignition switch of YS7071 intact but there was a letter opener not belonging E
him placed on the windshield.
F F
G 18. Upon search, police found a receipt on Mr Wong which G
recorded the purchase of two letter openers on 13 February 2024 at 6:03
H H
pm. Under arrest for taking conveyance without authority and upon
I caution, Mr Wong said, “[I] saw it in Tai Po with its lights turned on; [I] I
therefore took it as a means of transport; [I] went to Shun Ning Road to
J J
find my girlfriend to save taxi fares.”
K K
19. Police found that Mr Wong did not hold any driving licence.
L L
Under arrest for driving without a driving licence and using a motor vehicle
M without third party insurance and upon caution, Mr Wong said, “I did not M
have a motor cycle licence.”
N N
O 20. CCTV installed at a garage in Shun Ning Road captured O
images of Mr Wong driving YS7071 towards the junction with Wing Hong
P P
Street at 1:10 am on 14 February 2024.
Q Q
R
21. PW1 purchased YS7071 in 2022 for $25,000. R
S S
22. Mr Wong now admits he had never held a driving licence of
T
any class of vehicle and his use of YS7071 was not covered by any third T
party insurance.
U U
V V
-7-
A A
B B
C DCCC 1035/2024 C
D D
23. On 29 February 2024, at about 4:52 pm, Ms Cseke (PW1) who
E just arrived at Tsing Yi MTR Station from Hong Kong Station found her E
bag opened and her wallet missing from inside. The wallet contained,
F F
among other things, the three credit cards under Charges 3, 5 and 6.
G G
24. Soon after, PW1 received notifications from the banks that the
H H
3 credit cards had been used for the following transactions:-
I I
(a) At 5:26 pm, a payment of $69,465 was made to Club
J J
Watch Limited using the credit card under Charge 3;
K K
(b) At 5:31 pm, two payments involving $50,000 and
L L
$44,095 respectively were made to Club Watch
M Limited using the credit card under Charge 5; and M
N N
(c) At 5:34 pm, a payment of $55,000 was made to Club
O Watch Limited using the credit card under Charge 6. O
P P
25. PW1 made a report to the police.
Q Q
R
26. In the end, the banks waived all the unauthorized payments. R
S S
27. What transpired on 29 February 2024 at a shop “Club Watch”
T
run by Club Watch Limited is as follows. T
U U
V V
-8-
A A
B B
Charge 3
C C
28. At about 5:10 pm, Mr Wong purchased a Rolex watch (Watch
D D
1) for $69,465 with the credit card under Charge 3. On request of the staff,
E Mr Wong presented a HKID card with his photo on it as proof of identity. E
Mr Wong signed on the payment receipt.
F F
G Charges 5 & 6 G
H H
29. Upon completing the earlier purchase, Mr Wong told the staff
I he wanted to purchase two other Rolex watches. Mr Wong paid for the I
second watch (Watch 2) using the credit card under Charge 5 by splitting
J J
the price into two payments respectively of $50,000 and $44,095. Mr
K Wong signed on both payment receipts. K
L L
30. Mr Wong paid for the third watch (Watch 3) for $55,000 using
M the credit card under Charge 6. Mr Wong signed on the payment receipt. M
However, Mr Wong told the staff that he changed his mind about the
N N
purchase and asked for a refund. He received cash of $50,000 back from
O the staff after a deduction for administrative fee. O
P P
31. CCTV of the shop captured what happened.
Q Q
R
32. On 12 March 2024, Mr Wong was arrested for fraud. Cash of R
$9,010 was found on him.
S S
T T
U U
V V
-9-
A A
B B
Criminal and Road Traffic conviction records
C C
33. Mr Wong has 17 previous convictions, including one theft,
D D
one taking conveyance without authority, one using a motor vehicle
E without third party insurance and one driving without a licence all four of E
which were recorded in 2020.
F F
G Antecedents G
H H
34. Mr Wong is aged 32 (30 at the time of the offences), educated
I to F5 level, was a salesman at the time of arrest. He was on police bail I
when he committed the offences under both DCCC 1035/2024 and DCCC
J J
1341/2024. He was last discharged from prison on 22 June 2022. Mr
K Wong lived alone. His parents are both working. K
L L
Mitigation
M M
35. Mr Patrick Cheung of counsel assigned by the Director of
N N
Legal Aid mitigated on behalf of Mr Wong. The following is a summary
O of the mitigation submissions. O
P P
Q Q
36. Before arrest, Mr Wong had been working as a salesperson
R
earning about $15,000 per month. He is married and his wife (28) lives in R
the Mainland. He has three elder brothers.
S S
T
37. Mr Wong pleaded guilty. He is entitled to one-third discount. T
U U
V V
- 10 -
A A
B B
Under DCCC 1035/2024
C C
38. Mr Cheung referred to HKSAR v Tu I Lang, CACC 464/2006,
D D
in particular paras 9 and 10, and submitted that the facts of the present
E offences point to a small unsophisticated operation, involving only a few E
cards uncomplicated by other evidence materially linking Mr Wong to a
F F
larger operation. Mr Cheung submitted that a starting point of three years’
G imprisonment or less would be appropriate. G
H H
39. Since the three offences were committed on the same day,
I involving the same card holder and the same victim company, Mr Cheung I
invited the court to treat these offences as one transaction and to consider
J J
imposing wholly concurrent sentences.
K K
Under DCCC 1341/2024
L L
M 40. In HKSAR v Cheung Ka On [2025] 4 HKLRD 258, it was held M
that theft of a motor vehicle was a serious offence. The usual starting point
N N
for theft of a motor vehicle, or handling a stolen motor vehicle, was 3 years’
O imprisonment. It could go above or below that figure depending on the O
circumstances.
P P
Q Q
41. In HKSAR v Choi Yiu Cho, DCCC 943/2024, the judge
R
adopted a starting point of 30 months’ imprisonment. That case was more R
serious because the defendant drove the stolen motorcycle with a forged
S S
vehicle plate.
T T
U U
V V
- 11 -
A A
B B
42. In the present case, there is no evidence that the motorcycle
C was intended for resale. There was no damage or loss to the second-hand C
motorcycle purchased for $25,000. It was stolen for only a short period.
D D
This case is the less serious of its kind. The circumstances suggest that the
E starting point should go below 3 years’ imprisonment. E
F F
43. Under section 69(1)(c) of the Road Traffic Ordinance, the
G court may order disqualification for such period as the court thinks fit. Mr G
Cheung has no submissions to make on disqualification.
H H
I 44. As regards Charge 2 and Charge 3, see HKSAR v Cheung Ka I
On, supra, at para 15. It was submitted that the appellant there has an
J J
appalling record.
K K
45. Mr Cheung invited the court to take the totality principle into
L L
account and order the sentences for the three offences to run partly
M concurrently. M
N N
46. The two cases here are heard together. Mr Cheung invited the
O court to take the totality principle into account and order the sentences in O
the two cases to run partly concurrently.
P P
Q Q
Sentence
R R
47. Mr Wong has only one similar previous conviction for theft,
S S
taking conveyance without authority, driving without a licence and using a
T
motor vehicle without third party insurance. I will not regard him as a T
persistent offender.
U U
V V
- 12 -
A A
B B
C 48. Under both DCCC 1035/2024 and DCCC 1341/2024, Mr C
Wong committed the offences whilst on police bail. This is an aggravating
D D
factor which will attract an increase of the starting points for all offences.
E However, in the final analysis of the aggregate sentence, I will ensure that E
there will not be excessive multi-counting of this aggravating factor to the
F F
effect that the final sentence is manifestly excessive.
G G
DCCC 1035/2024
H H
I 49. The use of an obviously forged HKID card in the commission I
of at least Charge 3 is also an aggravating factor. I note that it was upon
J J
the request of the staff member that it was used. But the fact it was readily
K available to be used speaks for itself. K
L L
50. I take into account the authority urged on me. I take a starting
M point of 3 years 3 months’ imprisonment for Charge 3, a starting point of M
3 years’ imprisonment for each of Charges 5 and 6.
N N
O 51. Mr Wong pleaded guilty to the charges in good time earning O
for himself the full 1/3 discount. There are no other mitigating factors of
P P
weight to justify further sentence reduction. I will order the sentences to
Q Q
be served wholly concurrently.
R R
DCCC 1341/2024
S S
T
52. I have considered the cases urged on me. T
U U
V V
- 13 -
A A
B B
53. For Charge 1, I will adopt a starting point of 2 years 9 months’
C imprisonment. C
D D
54. For Charge 2, since this is the second conviction of the same
E offence, the maximum penalty is increased to 6 months’ imprisonment and E
a fine of $10,000. I will adopt in Mr Wong’s case a starting point of 4
F F
months’ imprisonment.
G G
55. For Charge 3, I will adopt a starting point of 6 months’
H H
imprisonment. Also under Charge 3, there is a mandatory disqualification
I for a period between 1 and 3 years from the date of conviction, unless I
special reasons exist. I can find no such reasons in this case.
J J
K 56. Mr Wong pleaded guilty to the charges in good time earning K
for himself the full 1/3 discount. There are no other mitigating factors of
L L
weight to justify further sentence reduction.
M M
57. The sentences for Charges 2 and 3 can be served concurrently.
N N
However, the offences subject of Charges 2 and 3 could not be said to
O naturally follow from the offence subject of Charge 1, such as where a O
stolen motorcycle is placed in the cargo bay of a lorry, or where the thief
P P
has a driving licence (at least for Charge 2).
Q Q
R
58. In principle, the sentences on Charges 2 and 3 ought to be R
served wholly consecutively to the sentence on Charge 1. However, I will
S S
consider the totality principle when determining the aggregate sentence for
T
DCCC 1341/2024. T
U U
V V
- 14 -
A A
B B
59. I will also apply the totality principle when determining the
C overall sentence for both DCCC 1035/2024 and DCCC 1341/2024. C
D D
(Mr Wong, please stand)
E E
Under DCCC 1035/2024
F F
G 60. For Charge 3, the sentence is 2 years and 2 months’ G
imprisonment.
H H
I 61. For Charge 5, the sentence is 2 years’ imprisonment. I
J J
62. For Charge 6, the sentence is 2 years’ imprisonment.
K K
63. I order that these sentences are to be served concurrently.
L L
M Under DCCC 1341/2024 M
N N
64. For Charge 1, the sentence is 22 months’ imprisonment.
O O
65. For Charge 2, the sentence is 2 months and 20 days’
P P
imprisonment.
Q Q
R
66. For Charge 3, the sentence is 4 months’ imprisonment. R
S S
67. I order that the sentences of Charges 2 and 3 are to be served
T
concurrently. I order that 2 months of the concurrent sentences are to be T
U U
V V
- 15 -
A A
B B
served consecutively to the sentence on Charge 1 making an aggregate
C prison sentence of 24 months for DCCC 1341/2024. C
D D
68. For Charge 3 also under DCCC 1341/2024, I order Mr Wong
E to be disqualified from holding or obtaining a driving licence for all classes E
of vehicle for a period of 12 months from the date of conviction.
F F
G 69. Both DCCC cases are heard together. In order to prevent an G
excessive overall sentence, I order that 12 months of the aggregate prison
H H
sentence in DCCC 1341/2024 to be served consecutively to the sentence in
I DCCC 1035/2024. So the final overall prison sentence for both cases for I
Mr Wong is 38 months’ imprisonment.
J J
K K
L L
M M
( Isaac Tam )
District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
V V
引用 HKSAR v Tu I Lang (CACC 464/2006) 關於欺騙手段取得財產之量刑；HKSAR v Cheung Ka On [2025] 4 HKLRD 258 確立盜竊車輛之 starting point 通常為 3 年；以及 HKSAR v Choi Yiu Cho (DCCC 943/2024) 作對比分析。
### 案件基本資料
- 案件名稱：HKSAR v Wong Kit Ho
- 法院：區域法院 (District Court)
- 法官：Isaac Tam
- 判決日期：2026年1月5日
### 案情摘要
被告 Wong Kit Ho 分別涉及兩宗案件。在 DCCC 1341/2024 中，被告於 2024 年 2 月 14 日在太婆盜竊一輛摩托車，且在無有效駕照及第三方保險的情況下駕駛該車。在 DCCC 1035/2024 中，被告於 2024 年 2 月 29 日使用三張盜用之信用卡，在「Club Watch」商店以欺騙手段取得三隻 Rolex 手錶，其中一宗涉及使用偽造身分證。
### 核心法律爭議
本案主要涉及 Sentencing 階段的量刑問題。核心爭議在於：(1) 針對以欺騙手段取得財產及盜竊車輛的適當 starting point；(2) 被告在 police bail 期間犯罪是否構成 aggravating factor；(3) 如何應用 totality principle 以確保總刑期不至過重。
### 判決理由
法官認為被告在 police bail 期間犯罪是顯著的 aggravating factor，應提高 starting point。針對 DCCC 1035/2024，法官考慮到操作規模較小，但使用偽造身分證增加了刑期。針對 DCCC 1341/2024，雖屬嚴重罪行，但因摩托車未被轉售且持有時間短，故下調 starting point。最後，法官應用 totality principle，將兩宗案件的刑期部分 concurrent 及部分 consecutive 執行。
### 引用案例與條文
引用 HKSAR v Tu I Lang (CACC 464/2006) 關於欺騙手段取得財產之量刑；HKSAR v Cheung Ka On [2025] 4 HKLRD 258 確立盜竊車輛之 starting point 通常為 3 年；以及 HKSAR v Choi Yiu Cho (DCCC 943/2024) 作對比分析。
### 裁決與命令
被告被判處總刑期 38 個月監禁。DCCC 1035/2024 的三項罪名判處 2 年至 2 年 2 個月不等且 concurrent 執行；DCCC 1341/2024 總刑期 24 個月，且被取消所有類別駕駛執照 12 個月。
### 判決啟示
本案強調了在 police bail 期間再次犯罪會嚴重影響量刑。同時展示了法官在處理多宗案件時，如何平衡個別罪行的 starting point 與整體 totality principle 以避免 manifest excessive 的刑期。
---
### 免責聲明
本摘要由人工智能自動生成，內容可能存在錯誤或遺漏，僅供參考，不構成法律意見。如需法律建議，請諮詢合資格律師。### Case Details
- Case Name: HKSAR v Wong Kit Ho
- Court: District Court
- Judge: Isaac Tam
- Date of Judgment: 5 January 2026
### Factual Background
The defendant, Mr. Wong, was involved in two separate cases. In DCCC 1341/2024, he stole a motorcycle in Tai Po and drove it without a valid license or third-party insurance. In DCCC 1035/2024, he used three stolen credit cards to dishonestly obtain three Rolex watches from 'Club Watch' shop, using a forged HKID card in one instance.
### Key Legal Issues
The primary issue was the determination of appropriate sentences. Key considerations included the starting points for obtaining property by deception and motor vehicle theft, the impact of committing offences while on police bail as an aggravating factor, and the application of the totality principle across multiple charges and cases.
### Ratio Decidendi
The judge ruled that committing offences while on police bail is a significant aggravating factor. For the fraud charges, the starting point was based on the scale of operation and the use of a forged ID. For the vehicle theft, the starting point was lowered because the bike was not for resale and was recovered quickly. The judge applied the totality principle to ensure the aggregate sentence was not manifestly excessive.
### Key Precedents & Statutes
Cited HKSAR v Tu I Lang (CACC 464/2006) for fraud sentencing; HKSAR v Cheung Ka On [2025] 4 HKLRD 258 for the 3-year starting point for motor vehicle theft; and HKSAR v Choi Yiu Cho (DCCC 943/2024) for comparative analysis.
### Decision & Orders
The defendant was sentenced to a total of 38 months' imprisonment. For DCCC 1035/2024, sentences ranged from 2 to 2 years 2 months (concurrent). For DCCC 1341/2024, the aggregate was 24 months. He was also disqualified from driving all vehicle classes for 12 months.
### Key Takeaways
The judgment underscores that breaching police bail conditions by committing further crimes significantly increases sentencing starting points. It also demonstrates the judicial balancing act of using the totality principle to merge concurrent and consecutive sentences across different case numbers.
---
### Disclaimer
This summary is AI-generated and may contain errors or omissions. It is for reference only and does not constitute legal advice. Please consult a qualified lawyer for professional legal advice.
A A
B B
DCCC 1035/2024 & DCCC 1341/2024
C (Heard together) C
[2026] HKDC 34
D D
E IN DISTRICT COURT OF THE E
HONG KONG SPECIAL ADMINISTRATIVE REGION
F F
CRIMINAL CASE NO 1035 OF 2024
G G
------------------------------
H H
HKSAR
I v I
WONG KIT HO
J J
------------------------------
K K
IN DISTRICT COURT OF THE
L L
HONG KONG SPECIAL ADMINISTRATIVE REGION
M CRIMINAL CASE NO 1341 OF 2024 M
N N
------------------------------
O HKSAR O
v
P P
WONG KIT HO
Q Q
------------------------------
R R
Before: His Honour Judge Tam in Court
S S
Date: 5 January 2026
T
Present: Ms Tam Ho Hobe, Senior Public Prosecutor (Ag), for T
HKSAR
U U
V V
-2-
A A
B B
Mr Cheung Wai Sun Patrick, Counsel instructed by Messrs
C C&Y Lawyers, assigned by Director of Legal Aid, for the C
Defendant
D D
Offences: DCCC 1035/2024
E [1] & [7] Theft (盜竊罪) E
[2] Using a forged identity card (使用偽造身分證)
F F
[3], [5] & [6] Obtaining property by deception (以欺騙手段
G G
取得財產)
H [4] Attempting to obtain property be deception (企圖以欺騙 H
手段取得財產)
I I
DCCC 1341/2024
J J
[1] Theft (盜竊罪)
K [2] Driving without a valid driving licence (駕駛時無有效駕 K
駛執照)
L L
[3] Using a motor vehicle without third party insurance (沒有
M M
第三者保險而使用汽車)
N N
---------------------------------------------
O O
REASONS FOR SENTENCE
P --------------------------------------------- P
Q Q
1. Although not consolidated, the two cases involving the same
R defendant Mr Wong, ie DCCC 1035/2024 and DCCC 1341/2024, were R
heard together before me.
S S
T T
U U
V V
-3-
A A
B B
DCCC 1035/2024
C C
2. Under DCCC 1035/2024, Mr Wong faces a Charge Sheet
D D
consisting of 7 charges. He pleaded guilty to 3 charges of Obtaining
E property by deception, contrary to section 17(1) of the Theft Ordinance, E
Cap 210, namely Charges 3, 5 and 6.
F F
G 3. He pleaded not guilty to the other 4 charges. Prosecution G
asked that they be left on court file not to be proceeded with without the
H H
leave of this court or the Court of Appeal. Upon Mr Wong’s conviction of
I Charges 3, 5 and 6, I so ordered. I
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4. Particulars of Charges 3, 5 and 6 are that Mr Wong, on 29
K February 2024, at “Club Watch”, Shop 89-91, 1st Floor, Metro Sham Shui, K
Kam Wah Mansion, Nos 226-242 Cheung Sha Wan Road, Sham Shui Po,
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Kowloon, in Hong Kong, dishonestly obtained from the staff of Club
M Watch Limited (“the said company”) one Rolex watch with serial number M
X (“the said goods”), with the intention of permanently depriving the said
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company thereof by deception, namely, by falsely representing that he was
O the genuine holder of one Y in the name of CSEKE ENIKO (“the said O
credit card”) and was authorized and entitled to use the said credit card to
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make payment for the said goods.
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R
5. For Charge 3, X is 11463956; Y is American Express credit R
card numbered 3771-117768-01011.
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T
6. For Charge 5, X is V7764748; Y is HSBC MasterCard T
numbered 5185-4200-1940-4645.
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A A
B B
C 7. For Charge 6, X is V459573; Y is Citibank MasterCard C
numbered 5427-1340-0111-6327.
D D
E DCCC 1341/2024 E
F F
8. Under DCCC 1341/2024, Mr Wong faces a Charge Sheet
G consisting of 3 charges. He pleaded guilty to all three charges. G
H H
9. Charge 1 is Theft, contrary to section 9 of the Theft
I Ordinance, Cap 210. Particulars are that he, on or about 14 February 2024, I
at Tai Po, New Territories, in Hong Kong, stole one motor cycle bearing
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registration mark YS7071, property belonging to Law Chin Ho.
K K
10. Charge 2 is Driving without a valid driving licence, contrary
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to section 42(1) and (4) of the Road Traffic Ordinance, Cap 374.
M Particulars are that he, on 14 February 2024, in Hong Kong, drove a motor M
vehicle, namely, the same motor cycle, on a road when he was not the
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holder of a valid driving licence in respect of a vehicle of the class of
O vehicle which he was driving. O
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11. Charge 3 is Using a motor vehicle without third party
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insurance, contrary to section 4(1) and (2)(a) of the Motor Vehicles
R
Insurance (Third Party Risks) Ordinance, Cap 272. Particulars are that he, R
on 14 February 2024, in Hong Kong, used a motor vehicle, namely the
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same motor cycle on a road when there was not in force in relation to the
T
user thereof by him such a policy of insurance or such a security in respect T
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A A
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of third party risks as complied with the requirements of the Motor
C Vehicles Insurance (Third Party Risks) Ordinance, Cap 272. C
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Facts admitted by Mr Wong
E E
12. The facts of DCCC 1341/2024 happened first, followed by the
F F
facts of DCCC 1035/2024.
G G
DCCC 1341/2024
H H
I 13. On 13 February 2024, at about 2:30 pm, Mr Law (PW1) left I
his motor cycle YS7071 at a parking space at Po Heung Square, Tai Po,
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properly locked and left.
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14. On 14 February 2024, at 1:05 am, PW1’s mobile phone
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received a notification from HKeToll that YS7071 passed through Loin
M Rock Tunnel earlier that day at 12:52 am and incurred a fee of $8. PW1 M
checked the location of the on-board AirTag and found it at Shun Ning
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Road near Tonkin Street, Cheung Sha Wan. He went to Po Heung Square
O and found YS7071 missing. He reported the case to the police. O
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15. At 1:26 am, PW1 found the AirTag at Shun Ning Road near
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Wing Hong Street, Cheung Sha Wan.
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16. Upon receiving the report, police officers went to Shun Ning
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Road for investigation. At 1:31 am, they found YS7071 parked at Shun
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Ning Road near Wing Hong Street. Mr Wong was squatting on the T
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A A
B B
pavement near YS7071. Mr Wong was intercepted. Upon enquiry, Mr
C Wong said he was waiting for his girlfriend. C
D D
17. At about 1:40 am, PW1 arrived at the scene. PW1 found the
E ignition switch of YS7071 intact but there was a letter opener not belonging E
him placed on the windshield.
F F
G 18. Upon search, police found a receipt on Mr Wong which G
recorded the purchase of two letter openers on 13 February 2024 at 6:03
H H
pm. Under arrest for taking conveyance without authority and upon
I caution, Mr Wong said, “[I] saw it in Tai Po with its lights turned on; [I] I
therefore took it as a means of transport; [I] went to Shun Ning Road to
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find my girlfriend to save taxi fares.”
K K
19. Police found that Mr Wong did not hold any driving licence.
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Under arrest for driving without a driving licence and using a motor vehicle
M without third party insurance and upon caution, Mr Wong said, “I did not M
have a motor cycle licence.”
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O 20. CCTV installed at a garage in Shun Ning Road captured O
images of Mr Wong driving YS7071 towards the junction with Wing Hong
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Street at 1:10 am on 14 February 2024.
Q Q
R
21. PW1 purchased YS7071 in 2022 for $25,000. R
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22. Mr Wong now admits he had never held a driving licence of
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any class of vehicle and his use of YS7071 was not covered by any third T
party insurance.
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A A
B B
C DCCC 1035/2024 C
D D
23. On 29 February 2024, at about 4:52 pm, Ms Cseke (PW1) who
E just arrived at Tsing Yi MTR Station from Hong Kong Station found her E
bag opened and her wallet missing from inside. The wallet contained,
F F
among other things, the three credit cards under Charges 3, 5 and 6.
G G
24. Soon after, PW1 received notifications from the banks that the
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3 credit cards had been used for the following transactions:-
I I
(a) At 5:26 pm, a payment of $69,465 was made to Club
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Watch Limited using the credit card under Charge 3;
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(b) At 5:31 pm, two payments involving $50,000 and
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$44,095 respectively were made to Club Watch
M Limited using the credit card under Charge 5; and M
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(c) At 5:34 pm, a payment of $55,000 was made to Club
O Watch Limited using the credit card under Charge 6. O
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25. PW1 made a report to the police.
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26. In the end, the banks waived all the unauthorized payments. R
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27. What transpired on 29 February 2024 at a shop “Club Watch”
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run by Club Watch Limited is as follows. T
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A A
B B
Charge 3
C C
28. At about 5:10 pm, Mr Wong purchased a Rolex watch (Watch
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1) for $69,465 with the credit card under Charge 3. On request of the staff,
E Mr Wong presented a HKID card with his photo on it as proof of identity. E
Mr Wong signed on the payment receipt.
F F
G Charges 5 & 6 G
H H
29. Upon completing the earlier purchase, Mr Wong told the staff
I he wanted to purchase two other Rolex watches. Mr Wong paid for the I
second watch (Watch 2) using the credit card under Charge 5 by splitting
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the price into two payments respectively of $50,000 and $44,095. Mr
K Wong signed on both payment receipts. K
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30. Mr Wong paid for the third watch (Watch 3) for $55,000 using
M the credit card under Charge 6. Mr Wong signed on the payment receipt. M
However, Mr Wong told the staff that he changed his mind about the
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purchase and asked for a refund. He received cash of $50,000 back from
O the staff after a deduction for administrative fee. O
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31. CCTV of the shop captured what happened.
Q Q
R
32. On 12 March 2024, Mr Wong was arrested for fraud. Cash of R
$9,010 was found on him.
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Criminal and Road Traffic conviction records
C C
33. Mr Wong has 17 previous convictions, including one theft,
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one taking conveyance without authority, one using a motor vehicle
E without third party insurance and one driving without a licence all four of E
which were recorded in 2020.
F F
G Antecedents G
H H
34. Mr Wong is aged 32 (30 at the time of the offences), educated
I to F5 level, was a salesman at the time of arrest. He was on police bail I
when he committed the offences under both DCCC 1035/2024 and DCCC
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1341/2024. He was last discharged from prison on 22 June 2022. Mr
K Wong lived alone. His parents are both working. K
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Mitigation
M M
35. Mr Patrick Cheung of counsel assigned by the Director of
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Legal Aid mitigated on behalf of Mr Wong. The following is a summary
O of the mitigation submissions. O
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36. Before arrest, Mr Wong had been working as a salesperson
R
earning about $15,000 per month. He is married and his wife (28) lives in R
the Mainland. He has three elder brothers.
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37. Mr Wong pleaded guilty. He is entitled to one-third discount. T
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A A
B B
Under DCCC 1035/2024
C C
38. Mr Cheung referred to HKSAR v Tu I Lang, CACC 464/2006,
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in particular paras 9 and 10, and submitted that the facts of the present
E offences point to a small unsophisticated operation, involving only a few E
cards uncomplicated by other evidence materially linking Mr Wong to a
F F
larger operation. Mr Cheung submitted that a starting point of three years’
G imprisonment or less would be appropriate. G
H H
39. Since the three offences were committed on the same day,
I involving the same card holder and the same victim company, Mr Cheung I
invited the court to treat these offences as one transaction and to consider
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imposing wholly concurrent sentences.
K K
Under DCCC 1341/2024
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M 40. In HKSAR v Cheung Ka On [2025] 4 HKLRD 258, it was held M
that theft of a motor vehicle was a serious offence. The usual starting point
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for theft of a motor vehicle, or handling a stolen motor vehicle, was 3 years’
O imprisonment. It could go above or below that figure depending on the O
circumstances.
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Q Q
41. In HKSAR v Choi Yiu Cho, DCCC 943/2024, the judge
R
adopted a starting point of 30 months’ imprisonment. That case was more R
serious because the defendant drove the stolen motorcycle with a forged
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vehicle plate.
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A A
B B
42. In the present case, there is no evidence that the motorcycle
C was intended for resale. There was no damage or loss to the second-hand C
motorcycle purchased for $25,000. It was stolen for only a short period.
D D
This case is the less serious of its kind. The circumstances suggest that the
E starting point should go below 3 years’ imprisonment. E
F F
43. Under section 69(1)(c) of the Road Traffic Ordinance, the
G court may order disqualification for such period as the court thinks fit. Mr G
Cheung has no submissions to make on disqualification.
H H
I 44. As regards Charge 2 and Charge 3, see HKSAR v Cheung Ka I
On, supra, at para 15. It was submitted that the appellant there has an
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appalling record.
K K
45. Mr Cheung invited the court to take the totality principle into
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account and order the sentences for the three offences to run partly
M concurrently. M
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46. The two cases here are heard together. Mr Cheung invited the
O court to take the totality principle into account and order the sentences in O
the two cases to run partly concurrently.
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Sentence
R R
47. Mr Wong has only one similar previous conviction for theft,
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taking conveyance without authority, driving without a licence and using a
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motor vehicle without third party insurance. I will not regard him as a T
persistent offender.
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A A
B B
C 48. Under both DCCC 1035/2024 and DCCC 1341/2024, Mr C
Wong committed the offences whilst on police bail. This is an aggravating
D D
factor which will attract an increase of the starting points for all offences.
E However, in the final analysis of the aggregate sentence, I will ensure that E
there will not be excessive multi-counting of this aggravating factor to the
F F
effect that the final sentence is manifestly excessive.
G G
DCCC 1035/2024
H H
I 49. The use of an obviously forged HKID card in the commission I
of at least Charge 3 is also an aggravating factor. I note that it was upon
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the request of the staff member that it was used. But the fact it was readily
K available to be used speaks for itself. K
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50. I take into account the authority urged on me. I take a starting
M point of 3 years 3 months’ imprisonment for Charge 3, a starting point of M
3 years’ imprisonment for each of Charges 5 and 6.
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O 51. Mr Wong pleaded guilty to the charges in good time earning O
for himself the full 1/3 discount. There are no other mitigating factors of
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weight to justify further sentence reduction. I will order the sentences to
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be served wholly concurrently.
R R
DCCC 1341/2024
S S
T
52. I have considered the cases urged on me. T
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A A
B B
53. For Charge 1, I will adopt a starting point of 2 years 9 months’
C imprisonment. C
D D
54. For Charge 2, since this is the second conviction of the same
E offence, the maximum penalty is increased to 6 months’ imprisonment and E
a fine of $10,000. I will adopt in Mr Wong’s case a starting point of 4
F F
months’ imprisonment.
G G
55. For Charge 3, I will adopt a starting point of 6 months’
H H
imprisonment. Also under Charge 3, there is a mandatory disqualification
I for a period between 1 and 3 years from the date of conviction, unless I
special reasons exist. I can find no such reasons in this case.
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K 56. Mr Wong pleaded guilty to the charges in good time earning K
for himself the full 1/3 discount. There are no other mitigating factors of
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weight to justify further sentence reduction.
M M
57. The sentences for Charges 2 and 3 can be served concurrently.
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However, the offences subject of Charges 2 and 3 could not be said to
O naturally follow from the offence subject of Charge 1, such as where a O
stolen motorcycle is placed in the cargo bay of a lorry, or where the thief
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has a driving licence (at least for Charge 2).
Q Q
R
58. In principle, the sentences on Charges 2 and 3 ought to be R
served wholly consecutively to the sentence on Charge 1. However, I will
S S
consider the totality principle when determining the aggregate sentence for
T
DCCC 1341/2024. T
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A A
B B
59. I will also apply the totality principle when determining the
C overall sentence for both DCCC 1035/2024 and DCCC 1341/2024. C
D D
(Mr Wong, please stand)
E E
Under DCCC 1035/2024
F F
G 60. For Charge 3, the sentence is 2 years and 2 months’ G
imprisonment.
H H
I 61. For Charge 5, the sentence is 2 years’ imprisonment. I
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62. For Charge 6, the sentence is 2 years’ imprisonment.
K K
63. I order that these sentences are to be served concurrently.
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M Under DCCC 1341/2024 M
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64. For Charge 1, the sentence is 22 months’ imprisonment.
O O
65. For Charge 2, the sentence is 2 months and 20 days’
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imprisonment.
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R
66. For Charge 3, the sentence is 4 months’ imprisonment. R
S S
67. I order that the sentences of Charges 2 and 3 are to be served
T
concurrently. I order that 2 months of the concurrent sentences are to be T
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A A
B B
served consecutively to the sentence on Charge 1 making an aggregate
C prison sentence of 24 months for DCCC 1341/2024. C
D D
68. For Charge 3 also under DCCC 1341/2024, I order Mr Wong
E to be disqualified from holding or obtaining a driving licence for all classes E
of vehicle for a period of 12 months from the date of conviction.
F F
G 69. Both DCCC cases are heard together. In order to prevent an G
excessive overall sentence, I order that 12 months of the aggregate prison
H H
sentence in DCCC 1341/2024 to be served consecutively to the sentence in
I DCCC 1035/2024. So the final overall prison sentence for both cases for I
Mr Wong is 38 months’ imprisonment.
J J
K K
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M M
( Isaac Tam )
District Judge
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