THE QUEEN v. HUI PIK CHING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1045 OF 1995

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J U D G M E N T

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1. This was an appeal against sentences of 15 months and 2 weeks for theft and remaining in Hong Kong without the authority of the Director of Immigration. These were perfectly proper sentences but at the time of sentencing, the Magistrate was unaware of disasters which had befallen the Appellant's family. Her son had been admitted to hospital, diagnosed as having pneumonia and heart failure. I felt that this was sufficiently strong humanitarian ground to allow the appeal. In any event the Appellant had already served a substantial part of her sentence. I therefore allowed the appeal so that she could be released immediately.