HKSAR v. KU KWOK KEUNG

DCCC503/1992 & 280/2011
(Consolidated)

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NOS. 503 OF 1992 AND 280 OF 2011

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HKSAR
v.
Ku Kwok-keung
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Before:

Deputy District Judge A. Yuen

Date:

4 May 2011 at 3.25 pm

Present:

Mr Alex Wong, PP of the Department of Justice, for HKSAR
Mr Tsu Lung-sang, Edmund of Messrs Chan & Tsu, assigned by the Director of Legal Aid, for the Defendant

Offence:

(1)-(15) Theft (盜竊罪)

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Reasons for Sentence

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1. You pleaded guilty to 15 counts of theft.

2. The Facts revealed that in March 1991 you were employed by a company called Chase Glory Limited as an accounting clerk. You wereresponsible for keeping the business accounts and the cheque books of the company.

3. Between 26 September 1991 and 24 March 1992 you had on 12 occasions issued cheques of the company by forging the signature of theemployer and deposited these cheques into the account of a company set up by yourself. The total amount of these 12 cheques wasHK$754,971.62.

4. On 26 April 1992 you were arrested and you were formally charged and your trial was fixed to commence on 4 August 1993. You weregranted bail by the court.

5. In May 1992, you were employed as an account clerk of another company called AV Technology Limited. Again, between 22 June 1993and 9 July 1993 you had on three occasions issued cheques of the company by forging the signatures of the employer and depositedthese cheques into the account of another company set up by you yourself. The total amount of these three cheques was HK$850,000.

6. You absconded before the commencement of the trial and you surrendered yourself to police on 21 January this year.

7. This is clearly a serious case of breach of trust. It is not a case where you committed offence out of momentary greed. Quitethe contrary, it was well-planned, it was committed over a period of time involving a substantial sum of money, namely over HK$1.6million, and you have no good reason in committing these offences. Furthermore, you committed the 13th to the 15th charges whileyou were on the bail pending trial of 12 other similar accounts of theft.

8. I find this an aggravating factor in your case. The only mitigating factor is you surrendering yourself to police and your pleaof guilty.

9. In sentencing you I also take into account the totality principle.

10. For the 1st to the 12th charge, I will take 3 years starting point for each of the 12 charges. You have pleaded guilty. I willtherefore reduce it to 2 years, to run concurrently to each other.

11. For the 13th to the 15th charge, I also take 3 years as the starting point for each of the three charges. You have pleaded guilty,therefore I reduce it to 2 years, and to run concurrently to each other, but the total sentences of these three charges have to runconsecutively to the total sentence of the 1st to 12th charges, therefore making the total sentence of 4 years.

A. Yuen
Deputy District Judge