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Note: Faced with cash flow problems, officers and directors of Delta Industrial Company Limited (Delta) approached Mr. Choi Sum Tong (Defendant),the sole proprietor of De Oakland Company (De Oakland) requesting assistance. From 1996 through1999, Defendant assisted Delta in obtaining 14 LCs, totaling US$14,781,465 in favor of De Oakland, assisted in creating false documents for presentation under the LCs, and drew on the LCs for goods actually sold to Delta but misrepresenting the quantity of goods sold, inflating the quantity by three to four times. De Oakland then returned the proceeds of the LC draws to Delta who, in turn, paid De Oakland for the actual quantity of goods sold, keeping the surplus.

In 2005, Defendant pled guilty in the District Court. The court, Whaley, J., sentenced Defendant to thirty-two months' imprisonment. Defendant appealed the sentence on the grounds that the sentence was disproportionate to the sentences of his co-conspirators, the starting point of four and a half years was excessive, and the delay in prosecution and Defendant's character should have been taken more into account. The High Court of the Hong Kong Special Administrative Region - Court of Appeal, Stuart-Moore, CJHC, dismissed the appeal, finding the sentence justified under the law and by the facts of Defendant's case.

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