HKSAR v. LAM LAI CHE

HCMA36/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 36 OF 1999

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J U D G M E N T

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1. The Appellant was charged with two charges :

1. Possession of a forged identity card; and

2. Remaining in Hong Kong without lawful authority.

He was sentenced to15 months' imprisonment on each charge, to run concurrently.

2. For these kinds of offences, the Courts in Hong Kong have set down guidelines relating to sentencing. Regarding forged identity cards, sentences imposed and relevant considerations had been set out in the Court of Appeal judgments in R. v. Lau Chung Kwan [1987] HKLR 203, Attorney General v. Lam Ping Chung [1989] 1 HKLR 161 and R. v. Chan Ming, MA 353 of 1983 (6 May 1983, unreported). For the offence of remaining in Hong Kong without lawful authority, sentencing principles can be found in the Court of Appeal judgment in R. v. So Man King [1989] 1 HKLR 142. For each of the two offences, in respect of a defendant who has pleaded guilty, the principles and guidelines show that a 15 months' imprisonment is appropriate.

3. The Magistrate, when passing sentences on the Appellant in respect of the two charges, reminded himself of these principles and guidelines. Before passing sentence, he had fully taken into account the Appellant's personal circumstances. I do no think that he has erred in any way. The Appellant himself also submits to me that the sentences passed by the Magistrate are fair.

4. In the circumstances, the appeal is dismissed.