R. v. JOSE B. GAMO

IN THE COURT OF APPEAL

1995, No. 391

(Criminal)

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J U D G M E N T

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Mortimer JA (giving the judgment of the Court): On 30th May 1995 the applicant pleaded guilty to three offences of using a forged passport contrary to s.73 of the Crimes Ordinance in front of Deputy Judge Davies who sentenced him to 2 years concurrent on the first two counts and 9 months imprisonment consecutive on the third count.

The facts

2. An international bank in Brussels alerted the authorities in Hong Kong that they had received an unauthorised letter for the transfer to the Hongkong & Shanghai Bank some US$500,000 to be credited for the benefit of someone named Alberto O. Villaabrille Jr. Working for a syndicate involved in the fraud, this applicant came to Hong Kong to open bank accounts in the name of Villaabrille using the false passport which bore that false name. The arrangement was apparently that the applicant was to get 10% of any proceeds.

3. On 28th February 1995, having arrived Hong Kong, the applicant went to the Hongkong Bank and later to the China and South Sea Bank -counts 1 and 2 - and presented the passport and opened accounts. The Hongkong Bank told him that he was to collect his ETC card about a week later. It would seem that he returned to the Philippines and came back to Hong Kong by 13th March. On that day, he went to the Hongkong Bank in Kowloon, asking to deposit $1,000 and to collect the ETC card. By this time the bank had been alerted. The teller asked for his passport. The false one was produced. This was count 3. The police were called and he was arrested.

The application

4. In supporting his application for leave to appeal against the sentences imposed, he relies upon his pleas of guilty. He submits that he committed these offences not out of greed for money but in order to free his daughter who had been forced into drugs. He further relies upon his previous good record and particularly upon the disaster which his prison sentence has brought to his family. His is 50 years of age, suffering from diabetes and is his family's only bread winner. We have heard letters written from his wife, setting out the distress of the family.

Conclusion

5. However, turning to the case itself, these offences are very serious indeed. International crime is involved. It is by no means the first time that offences of this type committed by visitors from the Philippines have been before our courts. These crimes cannot be carried out without those such as the applicant who are prepared to come here and open false bank accounts using false passports. It is inevitable that those who are caught will receive punishment. In fact, considering the serious nature of the offences, the sentences passed were by no means severe. Even taking into account the matters which had been put before this Court they are sentences which are amply justified in all the circumstances. Indeed, full credit was given by the judge for the plea of guilty and the totality principle. In these circumstances, it is incumbent upon the Court to refuse the application.

Representation:

Applicant in person

Mr F.A. Veltro (Crown Prosecutor) for Crown/Respondent