HKSAR v. CHUNG GUEI FUNG

DCCC783/2010

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 783 OF 2010

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HKSAR
v.
Chung Guei-fung
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Before: H H Judge Geiser

Date: 17 December 2010 at 10.02 am

Present: Mr Andrew Raffell, Counsel on fiat, for HKSAR
Mr Cheung Kam Chuen, instructed by Messrs Philip Tsui & Jackson Cheung, assigned by the Director of Legal Aid, for the Defendant

Offence: Fraud (欺詐罪)

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Reasons for Sentence

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1. Defendant, you have been convicted after trial of an offence of fraud, contrary to section 16A of the Theft Ordinance, Cap. 210, Laws of Hong Kong. You saw an opportunity to dupe PW1 of RMB450,000 by entering into agreements with him whereby you wouldprocure cashier orders in the total sum of US$100 million from various banks in Hong Kong and that these cashier orders would beused to secure loans for the benefit of his company, the Zhejiang Binjiang Construction Company Limited. Of course, the three cashierorders that were procured by yourself each for US$10 million were false, a fact that I have found you were very well aware of.

2. You are a US citizen, married and I understand to live in New York with your wife. You are 77 years of age and by all accountsa man of previous good character. Offences such as this are serious as quite apart from the money which PW1 has lost as a resultof being defrauded by you in this way, the use of false cashier orders can harm the integrity of the banking system.

3. Adopting the guidelines laid down in HKSAR v Cheung Mee Kiu CACC99/2006, the relevant sentencing brackets involving amounts between $250,000 to $1 million is between 2 to 3 years’ imprisonment.I will adopt the starting point of 2½ years’ imprisonment. I am going to give you a deduction of 6 months from this sentenceto take account of your age. Accordingly you are sentenced to 2 years’ imprisonment.

H H Judge Geiser
District Judge