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HCMA000365/1991
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 365 OF 1991
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BETWEEN
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THE QUEEN |
Respondent |
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AND
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POON Kam-hung |
Appellant |
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Coram: Hon. Bewley J. in Court
Dates of hearing: 17 and 24 May 1991
Date of delivery of judgment: 24 May 1991
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JUDGMENT
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1. The appellant pleaded guilty to remaining in Hong Kong without authority and was sentenced to 15 months imprisonment on 13th September 1990.
2. He did not apply for leave to appeal out of time until 14th March 1991. The reason for doing so was that he received a letter and two telegrams from his father in February telling him that his wife was critically ill and begging him to return.
3. She had been ill before the appellant left China but she gave birth shortly afterwards, which exacerbated her condition. She is apparently suffering from aching bones and has been moved from the local hospital to a hospital in Dongguan, the name of which the appellant does not know. For this reason he has been unable to obtain a medical certificate.
4. I am satisfied however that this is not an elaborate charade to procure the appellant's release. He is due for discharge on 12th July. On humanitarian grounds I allow the appeal and substitute for the 15 months sentence such term as will allow his immediate release.
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(E. de B. Bewley)
Judge of the High Court
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Representation:
Mr J.W. McMaster, Crown Counsel, for Respondent
Mr A.C. Macrae, assigned by D.L.A., for Appellant
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