THE QUEEN v. CHAN WAI KWOK

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIAINAL APPEAL NO.963 OF 1990

_________

BETWEEN

______________

-----------------

JUDGMENT

-----------------

1. The appellant was convicted on his own plea on charges of (a) tampering with a motor vehicle; (b) possession of an instrument fit for unlawful purpose; and (c) remaining in Hong Kong without authority.

2. He is 32 years of age with no previous convictions but he had made one previous attempt to come to Hong Kong unlawfully.

3. The learned magistrate sentenced him to imprisonment on the (a) charge to imprisonment for 2 months on the (b) charge to imprisonment for 1 month concurrent with the sentence on (a), and on (c) imprisonment for 15 months consecutive to (a) making a total of 17 months.

4. The appellant has appealed against the sentences but informs me that he has no complaint about either the individual sentences themselves or the totality of them. He merely wishes tone given credit for time spent in custody whilst the circumstances of his coming to Hong Kong were investigated by the immigration Department. He spent some 10 days in custody whilst this investigation was going on and of course that period is not taken into account when the Correctional Services Department calculates the time of his release.

5. In order to give him credit for that period that he spent in custody I propose to alter the sentence on the (c) charges to 14 1/2 months.

6. The appeal is allowed to that extent so that he will serve an effective period of 16 1/2 months.