HKSAR v. TSANG SUET WA

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY CRIMINAL APPEAL NO. 426 of 1998

(On appeal from WSCC 4449 of 1998)

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J U D G M E N T

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1. The Appellant a woman in her twenties appeared before P.C. White Esquire in the Magistrate's Court sitting at Western on 15th April this year and pleaded guilty to one charge of using an unlawfully obtained travel document; one charge of making a false representation to an immigration assistant; and one charge of making a false statement for the purpose of obtaining a document of identity. She was sentenced to two months' imprisonment on each charge concurrent but suspended for two years. She was also fined $1,000.00 on each charge. She now appeals against her sentences.

2. Mr Harris who appears on behalf of the Appellant does not appear to be pursuing the two grounds of appeal set out in the perfected grounds of appeal. Instead he tells me that the Appellant has just got married and is planing to emigrate to Australia with her new husband, and that the suspended sentence imposed upon her by the Magistrate has devastating consequences upon her. He asked this Court to temper justice with mercy in this case.

3. Having considered all the circumstances of this case and counsel's submission, I am persuaded that I should do that in light of the fresh circumstances. I must say at once that this implies no criticism of the Magistrate. I think that if the fresh circumstances had been before him, he would have done what I am now going to do: which is to leave this woman to be punished by way of a fine and of course the ordeal of having had to appear in court which would have been a lesson and warning to her.

4. The suspended sentence imposed by the Magistrate is set aside and the appeal is allowed to that extent accordingly.