HKSAR v. LAW HO

HCMA 1031/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 1031 OF 1998

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J U D G M E N T

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1. This is an appeal against sentence imposed upon the appellant at South Kowloon Magistrates Court on 30th September 1998. For an offence of possessing an offensive weapon in a public place contrary to Section 33(1) of Chapter 245 the appellant was sentenced to a term of 6 months imprisonment and for an offence of remaining in Hong Kong without authority he was sentenced to a term of 15 months imprisonment, those sentences to be served consecutively.

2. The appellant, who pleaded guilty to those offences in the Magistracy, had 4 previous convictions; two in 1995 for possessing an instrument fit for an unlawful purpose and for unlawful remaining, when he was sentenced to terms of 1 month and 14 months respectively; and two in 1997 for theft and unlawful remaining when he was sentenced to terms of imprisonment of 1 month and 14 months respectively.

3. The only grounds of appeal advanced by the appellant before me were that his present sentence was too severe and that his family needs his support.

4. There is nothing whatsoever in these grounds of appeal. The appellant might consider himself fortunate not be serving a much longer sentence than that imposed by the learned magistrate.

5. This appeal is dismissed.