HKSAR v. SIU YUET MING

HCMA448/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 448 OF 1999

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J U D G M E N T

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1. This is an appeal against sentence. The Appellant was convicted on her own plea of three offences before a Magistrate, namely -

(1) Remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong, contrary to s.38(1)(b) of the Immigration Ordinance, Cap.115 of the Laws of Hong Kong;

(2) Using a forged travel document for the purpose of Part II of the Immigration Ordinance, contrary to s.42(2)(b) of the Immigration Ordinance; and

(3) Making a false representation to an Immigration Assistant lawfully acting under or in the execution of Part II of the Immigration Ordinance, contrary to s.42(1)(a) of the same Ordinance.

2. Having considered the personal circumstances of the Appellant, the Magistrate sentenced her to 15 months' imprisonment in respect of the first charge and three months in respect of each of the second and third charges. Whilst the sentences in respect of the second and third charges were ordered to run concurrently, such sentences were to run consecutively to the sentence in respect of the first charge. The total term of imprisonment as ordered by the Magistrate came to 18 months.

3. The Magistrate, in passing the sentences, had given detailed reasons and considered relevant authorities. I do not find that her decision can be faulted; indeed I find the sentences passed were lenient.

4. In the circumstances, I dismiss the appeal.