HKSAR v. MAK KIN YU

HCMA43/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 43 OF 1999

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J U D G M E N T

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1. The Appellant pleaded guilty to being possession of an identity card relating to another person, contrary to s.7A(1A) of the Registration of Persons Ordinance, Cap.177. She was sentenced to 15 months' imprisonment. She now appeals against that sentence.

2. In mitigation before the Magistrate, she told him that she had come to Hong Kong to look for work to earn money for medical expenses as her brother was ill. She tells me here that since incarceration, her mother, knowing it, had a coma and is now suffering from paralysis. Similar circumstances had been mentioned to the Magistrate. In sentencing the Appellant, the Magistrate had regard to her clear record and her plea of guilty. In his Reasons for Sentence, the Magistrate said :

"...While I have sympathy for her personal circumstances, they were no different than most persons who come from the Mainland looking for work, and accordingly did not provide a basis to depart for (sic) the usual sentences."

I agree with him. The Magistrate also referred to the case of R v Lau Chung-kwan [1987] HKLR 203 and he had regard to that case and the guidelines in it in passing the 15 months' imprisonment sentence.

3. I do not find that the Magistrate's approach was wrong or the sentence excessive. I therefore dismiss the appeal.