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Hksar v Ho Yung Yin

Judgment Cited in Precedent Map Related
Judgment Date24 May 2013
Year2013
Judgement NumberCACC417/2012
Subject MatterCriminal Appeal
CourtCourt of Appeal (Hong Kong)
CACC417/2012 HKSAR v. HO YUNG YIN

CACC 417/2012

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CRIMINAL APPEAL NO 417 OF 2012

(ON APPEAL FROM DCCC NO 424 OF 2012)

____________________

BETWEEN
HKSAR Respondent

and
HO YUNG YIN (何勇賢) Applicant
____________________
Before: Hon Lunn JA in Court
Date of Hearing: 24 May 2013
Date of Judgment: 24 May 2013

____________________

J U D G M E N T

____________________

1. The applicant seeks leave to appeal against sentences of 32 months’ imprisonment imposed in respect of three charges by Deputy District Court Judge Adriana Tse on 25 September 2012 following his pleas of guilty on 12 September 2012.

2. All the applicant says in support of his application is that the sentences were “overly heavy”.

3. The three charges concerned conduct of a similar nature of fraud, contrary to section 16A of the Theft Ordinance, Cap 210. They involved the obtaining of loans from banks by the false representation to those banks that the applicant was employed as a warehouse and logistics administrator at a salary of $12,000 per month by FAD Design Workshop.

4. The offences occurred on 8, 13 and 18 October 2010. The amount of money involved in the respective cases was $70,000, $20,000 and $36,000. None of those moneys have been recovered.

5. In sentencing the applicant, the judge noted that the false documentation put forward by the applicant included:

(i) an employment contract between FAD and the applicant;

(ii) three salary statements purportedly issued by FAD stating that the applicant had received salary for three consecutive months; and

(iii) a copy of the applicant’s bank passbook showing salary deposit of $12,000 on 6 October 2010.

6. The judge noted that the applicant’s explanation in his record of interview was in the following terms:

“(i) He came to know D1 in March 2009 at a bar.

(ii) D1 was in need of money and asked him to help borrow money from financial institutions. D1 gave D3 some employment proofs for borrowing money.

(iii)The applicant - that is, D3 - gave his bank card to D1 and D1 said that he would deposit money into the bank account to show that the applicant had received salary, but the sum would be withdrawn by D1 later.”

7. The applicant successfully borrowed money on three occasions - they were the subject of the charges - and all the loans obtained were handed over to D1. The...

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