THE QUEEN v. LAM MAN FAT

IN THE SUPREME COURT OF HONG KONG

MAGISTRACY APPEAL NO. 830/90

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BETWEEN

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JUDGMENT

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Hon. Sir Derek Cons, Ag. C.J.:

1. This is an appeal against 15 months' imprisonment imposed for uttering an identity card relating to another person.The Appellant was arrested in Hong Kong with the card which he had brought with him from China.

2. In mitigation, all he put to the magistrate was that he felt he had been cheated, that the person who sold him the card had told him it was valid. The sentence of 15 months imposed by the magistrate was quite correct in the circumstances.

3. The Appellant did not appeal within the normal period but was granted an extension of time by the magistrate because of a letter the Appellant received from China.The letter mentions that his girl friend has been pregnant for two months - this is of little materiality - but more importantly that his mother is seriously ill. I have had read to me the medical certificate which the letter contained.Clearly the mother is in a very bad state and it may be that the course I propose to take will not in the end be of much use to the Appellant.

4. Mr. Lee, for the Crown, has quite properly suggested that one has to be very circumspect because there is nothing, except the word of the Appellant, to connect the certificate with his mother. However, I am willing to accept that from him.   And for the very special circumstances relating to his mother, I propose to allow the appeal and reduce the sentence to such as will allow him to be released today.