THE QUEEN v. HUNG SAU HEUNG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1354 OF 1994

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JUDGMENT

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1. The appellant was convicted after trial before a magistrate of a charge of using an identity card of another person. She pleaded guilty to another charge of remaining in Hong Kong without the authority of the Director of Immigration. The magistrate imposed a sentence of 15 months' imprisonment on each charge, to be served concurrently. She appeals against the sentence on humanitarian grounds.

2. The appellant sneaked into Hong Kong in early May 1994 and used an identity card of another person to secure accommodation. Before she came to Hong Kong, her husband died as a result of a traffic accident. She had borrowed about RMB20,000 from friends for the medical expenses of her husband.

3. Whilst in custody, she had attempted to commit suicide twice. She suffered from adjustment disorder with depressed mood and was referred to Siu Lam Psychiatric Centre for observation. Recently she received two letters from her father in China informing her that her two year-old son had twice suffered bronchitis within a short period of time and had to be admitted to hospital. As a result, she suffered from depression and had to be admitted to Siu Lam Psychiatric Centre again.

4. She has already spent seven and a half months in prison and would be due for release soon. She pleaded for a chance to be released early so that she could return to China to take care of her son.

5. In the circumstances, I allow the appeal and reduce the sentence to a period that would enable her to be released and repatriated immediately.