THE QUEEN
KWOK SIU-LAM
Mr P. Li, Crown Counsel
HCMA 714/1989
HCMA000714/1989
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY CRIMINAL APPEAL NO. 714 OF 1989
______________
BETWEEN
Respondent
AND
KWOK Siu-lam
Appellant
___________
Coram: Hon. Bewley, J. in Court
Date of hearing: 29 June 1989
Date of delivery of judgment: 29 June 1989
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J U D G M E N T
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1. The appellant pleaded guilty to remaining in Hong Kong withour authority, contrary to Section 38(1)(b) of the Immigration ordinance, Cap. 115, and was sentenced to two years imprisoment.
2. This is his third illicit visit in four years. He has two previous convictions for using the identity card of another person.
3. There are therefore aggravating factors which justify a higher sentence than the normal 15 months. Nevertheless, I feel a two year sentence is too severe and reduce it to one of 21 months.
4. The appeal is allowed accordingly.
(E. de B. Bewley)
Judge of the High Court
Representation:
Mr P. Li, Crown Counsel, for Crown
Appellant in person