THE QUEEN v. YU KWOK SING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1490 of 1990

--------------

BETWEEN

--------------

------------------

JUDGMENT

------------------

1. The appellant pleaded guilty to remaining in Hong Kong without the authority of the Director of Immigration and was sentenced to 15 months imprisonment.

2. He was arrested in a construction site, was a first-time offender and had nothing significant to say in mitigation of sentence

3. Counsel has produced a certificate from Taishan County Haiyan Hospital which states that the appellant's mother is suffering from cancer of the nose and is in critical condition.

4. The appellant has served over eight months of his sentence. For humanitarian reasons I allow the appeal and reduce the sentence to such term as will allow his immediate release.