THE QUEEN v. TSO FUNG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 85 OF 1991

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JUDGMENT

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1. The appellant was convicted of remaining in Hong Kong without the consent of the Director of Immigration and also on second charge that at the time of his arrest he was in possession of a paper cutter. The sentences imposed of 15 months for the illegal remaining and 2 months consecutive for the possession of the paper cutter were, on the facts before the magistrate, perfectly proper. The magistrate explicitly found that his explanation for the possession of the paper cutter was not convincing. I agree. Paper cutters can be vicious weapons and there is virtually no legal legitimate reason for their possession in a public place unless required for trade purposes. That was not so here.

2. At the time the appellant came before the magistrate he said that his father had had a traffic accident and had been hospitalised. The appellant had come to song Kong for the usual reason, to get money to support his family. However since that he sags, and the Crown accepts, that his father has died and quite clearly that has been a great shock to him. I also accept that he has attempted to commit suicide. Therefore the very strong humanitarian grounds which are necessary to reduce his sentence for remaining in Hong Kong illegally, which were not present before the magistrate, now exist. For that reason and for that reason alone I allow the appeal against sentence on charge C and reduce the sentence on that charge from 15 months' to one of 9 months' imprisonment.