THE QUEEN v. POON LAI LING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 298 OF 1991

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BETWEEN

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J U D G M E N T

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1. The appellant pleaded guilty to two charges, one of using an identity card relating to another person, contrary to a provision of the Registration of Persons Ordinance, and other with remaining in Hong Kong without the authority of the Director of Immigration, after having landed unlawfully in Hong Kong contrary to a provision of the Immigration Ordinance.

2. The learned Magistrate sentenced her to 15 months imprisonment on each charge, the sentences to be served concurrently. In his Reasons for Sentence the learned

3. Magistrate said that he passed those sentences as he could not find anything in the case to justify a departure from the usual sentence.

4. In her appeal against sentence, the appellant has put before me nothing which would justify my saying that those sentences were excessive or improper.

5. Before me, however, the appellant has tendered certain documents which are certificates bearing the chops of a hospital in China, to the effect that her father is suffering from terminal lung cancer. I propose to allow her appeal so that she can immediately return home to see her father, but I propose to substitute for the sentence, a sentence which will take account of the period that she has already served, but which will be suspended, so that if she does come back again, she will have to serve the remainder of the originally passed sentence together with whatever sentence is passed on her return.

6. I, accordingly, allow the appeal, quash the sentence and substitute therefor a sentence of imprisonment for 10 months to be suspended for 18 months.