HKSAR v. Baljeet Singh

HCMA 791/2001

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 791 OF 2001

(ON APPEAL FROM SAN PO KONG MAGISTRACY CASE 3253 OF 2000)

____________

____________

_______________

J U D G M E N T

_______________

1. On 18 June of this year the appellant who is aged 26 and who is of Indian nationality pleaded guilty at San Po Kong Magistracy to an offence of being in possession (on 28 May) of an identity card belonging to someone else, and to an offence of contravening a condition of his stay in Hong Kong he being allowed to remain here as a visitor only until 20 December 2000.

2. In respect to the first offence he was sentenced to a term of 15 months' imprisonment and in respect of the second to a term of 3 months, those sentences to be served concurrently.

3. It is against those sentences which he appeals saying that they were too severe.

4. The appellant unsuccessfully sought a review of the sentences from the learned Magistrate on 18 June saying through his counsel that he is the sole breadwinner for his family in India; that he supports his wife, his 2 young children and his parents, and that his father is in hospital suffering from a heart problem. The appellant's counsel went on to explain that he (the appellant) had come to Hong Kong seeking a better standard of living; that he was looking for employment here and that now he wanted to return to his family in India as soon as possible.

5. That, in essence, is also what the appellant has said to me this morning during the hearing of this appeal. In addition he tells me today that his mother is now also in hospital; that he will never repeat either of these offences and he asks me to take pity on him.

6. In his reasons for sentence the learned Magistrate, inter alia, said as follows: -

"The appellant admitted the prosecution's summary of facts. According thereto, he had unlawfully overstayed in Hong Kong since the 19th December 2000. He was stopped by the police on the 28th May 2001 and produced by way of identity a Hong Kong Identity Card bearing the name of one Fergal Brian O'Gara. Not surprisingly, the police officer noticed that the appellant's appearance bore no resemblance to that of Mr O'Gara and he arrested the appellant. The appellant admitted under caution that he had bought the identity card in Hong Kong for 10,000 HK dollars in mid-May 2001 and that he intended to use it to find a job in Hong Kong. .........

I was of the view that the appropriate sentence to be imposed on a plea of guilty on an overstayer who had committed the 1st offence with the intention of using the card to obtain employment here should be 15 months' imprisonment. ........

I believe that the 2nd offence merited a sentence of 3 months' imprisonment on a plea of guilty. As both offences formed part of the same transaction and the appellant committed the 1st offence in order to further his unlawful overstaying in Hong Kong, I ordered that the sentences be served concurrently, a total of 15 months' imprisonment."

7. The reasoning of the learned Magistrate - and the sentences which he imposed cannot in my view be faulted. This appeal must be dismissed.