HKSAR v. FONG YUK CHI

1999, No. MA138

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 138 OF 1999

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J U D G M E N T

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1. This Appellant pleaded guilty before H.M. Sinclair Esquire in the Magistrate's Court at Tsuen Wan to one charge of possession of offensive weapon in a public place and one charge of remaining in Hong Kong without the authority of the Director of Immigration after having landed here unlawfully. On 8th January this year, he was sentenced to a concurrent term of four months' imprisonment in respect of the possession of offensive weapon charge and 15 months' imprisonment in respect of the remaining without authority charge.

2. He now appeals against sentence. The perfected grounds of appeal against sentence read:

"1. The learned Magistrate did not sufficiently consider the health condition of the Appellant that he had been suffering from lung problems when he passed the sentence on the Appellant.

2. The Appellant intends to produce the following medical reports to show that the Appellant is suffering from poor health condition:

(i) A report dated 4th March 1999 prepared by Dr. Mak Yin Kwong that the Appellant had suffered from pneumothorax and neutrophilia on 25th November 1998.

(ii) A report dated 27th April 1999 by Dr. Noom Sai-hsam of Lai Chi Kok Reception Centre.

(iii) A report dated 28th April 1999 by Dr. William Li of Ma Po Ping Prison.

The Appellant would ask for the mercy of this Honourable Court to reduce the sentence.

3. In all the circumstances of the case, the sentence was manifestly excessive."

3. Having considered the medical reports submitted and what counsel for his behalf has urged, I am prepared, purely on humanitarian grounds and without the slightest criticism of the Magistrate, to allow the appeal and reduce the sentence to the extent necessary to permit the Appellant's release today.