THE QUEEN v. HUNG YEUK-HUNG

IN THE SUPREME COURT OF HONG KONG

MAGISTRACY CRIMINAL APPEAL NO. 1549 OF 1988

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BETWEEN

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J U D G M E N T

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1. The appellant pleaded guilty before a magistrate to a charge of using an identity card relating to another person contrary to Regulation 12(3) of the Registration of Persons Regulation made under section 7 of the Registration of Persons Ordinance, Cap. 177. She was sentenced to 18 months imprisonment.

2. The facts briefly were that she used the identity card to obtain employment in a restaurant after she had come to Hong Kong illegally. She was not charged with the offence of remaining in Hong Kong without the authority of the Director of Immigration.

3. It was submitted on her behalf that the facts of this case do not justify a departure from the tariff of 15 months laid down in The Queen v. Lau Chung-kwan (1987) HKLR 203. Mr. Tong also referred me to a decision of Bewley J. in The Queen v. Wong "Pik -yu, The Queen v. Lam Tak Fung and The Queen v. Hung Kin Sun Magistracy Appeal Nos. 986, 1036 and 1093 of 1988.

4. I am satisfied that the proper sentence should be one of 15 months imprisonment and allow the appeal to this extent.