HKSAR v. LAM MEI YUNG

HCMA230/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 230 OF 1999

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J U D G M E N T

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1. The Appellant was convicted by a Magistrate of two offences, namely, possession of an unlawfully obtained travel document and remaining in Hong Kong without the authority of the Director of Immigration. She was respectively sentenced to six months' and 12 months' imprisonment.

2. In passing the sentences, the Magistrate took into account the fact that the Appellant had pleaded guilty and her clear record. For the offence of unlawfully remaining in Hong Kong, the Magistrate rightly quoted the normal tariff of 15 months' imprisonment and that tariff was for a guilty plea. The Magistrate in his Reasons for Sentence had this to say :

"... On the second charge I reduced the normal tariff sentence having regard to the nature of [the Appellant's] responsibilities in China and that there was nothing to suggest she had attempted to obtain employment. ..."

On that basis he passed a sentence of 12 months' imprisonment on the second offence. I do not find his approach wrong or the sentences imposed by him excessive. Indeed, I find the sentences passed by the Magistrate lenient on the Appellant.

3. Before me, the Appellant put forward her family circumstances, and apparently tried to persuade me to reduce the sentence on humanitarian grounds. Although I am sympathetic with the Appellant, I am not persuaded that all the grounds advanced by her are valid. She should have appreciated her own family circumstances before she came to Hong Kong by an illegal means.

4. In the circumstances, I dismiss her appeal.