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The judgment states that the four Defendants were charged with conspiracy to defraud in connection with attempted purchases of Rolex watches from three separate shops using stolen blank cheques, falsified deposit receipts and forged HKID images. Defendants 1–3 pleaded guilty to three counts of conspiracy to defraud, and Defendant 4 pleaded guilty to one count of conspiracy to defraud plus possession of dangerous drugs and possession of apparatus fit for inhalation. Between 8 and 9 March 2020, Defendant 1, acting on instructions from a co-conspirator, attended each shop claiming to be an authorised purchaser’s assistant, produced images of bogus cash deposit slips showing payment into the vendors’ accounts, then departed when shop staff became suspicious. Following alerts by the shops, police conducted a controlled delivery of an empty watch box, arresting Defendants 1 and 2 at Mongkok MTR Station and Defendant 3 nearby; a search of a hotel room occupied by Defendants 3 and 4 uncovered methamphetamine and smoking apparatus. Admissions, CCTV footage and mobile-phone records corroborated their roles. The court granted leave to dismiss certain charges against individual Defendants and proceeded on the admitted counts.
The court applied the sentencing guidelines in HKSAR v Ng Kwok Wing [2008] 4 HKLRD 1017 as a yardstick for non-Barrick type fraud, adjusting starting points for the sums involved and absence of actual loss, and followed established precedents (eg R v Law Sing [1996] and HKSAR v Tsang Ma-yeung [2010]) for drug and paraphernalia offences.
The judge found the fraud serious despite no successful financial loss, noting use of stolen cheques, forged documents and organised roles but no targeting of vulnerable victims. Defendants 3 and 4 were equally culpable in planning and execution and Defendant 3’s offences followed shortly after prison release, warranting aggravation. Defendants 1 and 2, both under 21 with clear records and minor courier roles, merited emphasis on rehabilitation. The drugs involved were small quantities of methamphetamine and associated inhalation apparatus.
The judge considered community service appropriate for youthful foot soldiers (Defendants 1 and 2) to avoid disrupting their vocational progression, and a custodial approach for older, repeat offenders (Defendants 3 and 4). He declined to distinguish further between roles in the conspiracy, treating all participants as fully culpable under the Ng Kwok Wing framework and ensuring totality in combined sentences.
Defendant 1 is sentenced to 160 hours of community service on each of the three conspiracy counts (480 hours total). Defendant 2 is sentenced to 200 hours of community service on each of the three conspiracy counts (600 hours total). Defendant 3 is sentenced to a global term of 24 months’ imprisonment for the three conspiracy counts. Defendant 4 is sentenced to a global term of 22 months’ imprisonment, comprising 18 months for conspiracy to defraud and a consecutive 4 months for drug possession and possession of inhalation apparatus, with the drug-related counts concurrent.
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