THE QUEEN v. WONG OI-HA

IN THE SUPREME COURT OF HONG KONG

MAGISTRACY CRIMINAL APPEAL NO. 1143 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 car relating to another person contrary to Regulations 12(3) and 12(4) of the Registration of Persons Regulations, Cap. 117. She was sentenced to 18 months imprisonment.

2. The facts briefly were that she found the identity card after she had come to Hong Kong illegally and used it to obtain employment as a nightclub hostess. She was not charged with the offence of remaining in Hong Kong without the authority of the Director of immigration.

3. It was submitted by counsel on her behalf that there were no aggravating features in this case to justify a departure from the guidelines laid down in The Queen v. Lau Chung-kwan (1987) HKLR 203. She arrived here in 1980 when the touch-base policy was abolished. The fact that she had remained here, as she had to, for the past 8 years should not be taken as an aggravating factor. 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. 968, 1036 and 1093 of 1988.

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