HKSAR v. DINH THI HUE

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 4 OF 1998

(On appeal from WSC 17891 of 1997)

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J U D G M E N T

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1. This Appellant, a woman in her 20's from Vietnam, appeared before I.S.C. Candy Esquire in the Magistrate's Court sitting at Western on 27th November 1997. She pleaded guilty to one charge of using an identity card relating to another person, one charge of breach of a deportation order and one charge of remaining in Hong Kong without authority after having landed here unlawfully. She was sentenced to a total of 15 months' imprisonment arrived at by three concurrent terms of that duration passed in respect of each charge. She now appeals against her sentence.

2. Her general grounds of appeal are that her sentence was too severe. She also tells me that she has a daughter of 3 years of age who is now very sick and she would want to return to Vietnam to see her daughter. However, she is unable to produce any documentation to support that claim. In all the circumstances, although the sentence of 15 months' imprisonment imposed on the charge of breach of a deportation order is on the high side, I consider that it is still within the appropriate range.

3. As far as the sentence of 15 months' imprisonment imposed on the other two charges is concerned, I consider that those sentences are appropriate in all the circumstances.

4. In my judgment, the total sentence of 15 months' imprisonment is not too severe at all. The appeal is dismissed.