R. v. YING KUI PAN

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 983 OF 1996

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J U D G M E N T

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1. On 23rd July 1996 at Tuen Mun Magistrates' Court, the Appellant pleaded guilty to two charges. The first was possessing a Hong Kong identity card belonging to another, and the second was remaining in Hong Kong without the lawful authority of the Director of Immigration. He was sentenced to 12 months' imprisonment on the first charge, and to 15 months' imprisonment on the second. The sentences were to be served concurrently with each other, making 15 months' imprisonment in all. He now appeals against his sentences.

2. The Appellant is 24. He came to Hong Kong from China to find work to support his elderly grandmother. He had bought the identity card in Shenzhen for RMB1,000.00. He would no doubt have used it to obtain work in Hong Kong. He was arrested on the day following his arrival in Hong Kong. He has since his arrest heard that there has been a flood where he lives, and he does not know what impact that has had on his grandmother or on his younger brother who has polio and who are his only living relatives. However, these are not considerations of such a compelling humanitarian nature which would justify a departure from the guidelines in So Man King [1989] 1 HKLR 142. The Appellant also claims that he is an epileptic and that he has had a recent relapse. That is not a ground for reducing what would otherwise be an appropriate sentence. He can be treated in prison, but if his condition is such that he should no longer be in prison, that is a matter for the Executive.

3. The sentences imposed in this case were in accordance with the relevant guidelines, and this appeal must therefore be dismissed.