THE QUEEN v. LE TIEN HUNG

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 229 OF 1992

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BETWEEN

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J U D G M E N T

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1. This is an appeal against sentence passed on pleas of guilty on two charges, one of uttering a forged document, namely a resident certificate issued by the Hong Kong Housing Services for Refugees Ltd., and one of escaping from the High Island Detention Centre in Sai Kung. On the first charge the appellant was sentenced to nine months' imprisonment and on the second charge to four months' imprisonment, to be consecutive.

2. The trial magistrate has gone carefully into the facts of the matter and in particular as to the problems caused by the use of forged certificates of residency and he notes that Vietnamese refugees who escape from detention centres find that forged certificates of residency are very useful to them in unlawfully obtaining employment. He said that from his own experience there is a major market in forged certificates of residency and this causes considerable inconvenience and expense to the public of Hong Kong. He said he took into account the circumstances of the case, the problems that this type of conduct produces, the appellant's clear record, the fact that he had pleaded guilty but he also referred to the decision of The Queen v. Bui Duc Thanh, Mag. App. 216/91, where the Court of Appeal approved total sentences in not dissimilar facts of 14 months' imprisonment.

3. I am satisfied that the magistrate has taken into account all the relevant factors here. The uttering of forged documents such as housing certificates is a serious matter and one which is difficult to detect. The sentences passed were in no way excessive and they were quite correctly made to be consecutive. The appeal against sentences is therefore dismissed.