HCMA 244/1992
HCMA000244/1992
IN THE SUPREME COURT OF HONG KONG
(Appellate Jurisdiction)
MAGISTRACY CRIMINAL APPEAL NO. 244 OF 1992
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BETWEEN
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Coram: Hon. Penlington, J.A. in Court (sitting as an additional High Court Judge)
Date of hearing: 23 April 1992
Date of delivery of judgment: 23 April 1992
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J U D G M E N T
1. This is an appeal against sentence on charges of remaining in Hong Kong without the permission of the Director of Immigration and uttering a forged identity card. The facts were that the appellant was found by police officers in the lobby of the Kowloon-Canton Railway Station in Sheung Shui and on being challenged he produced a forged identity card. He admitted that he entered Hong Kong illegally on the 1st February of this-year. He is single and says that he has an ill mother and wants to make money to pay for her medical treatment. He has two sisters.
2. The trial magistrate said that he did not consider that here there were very strong humanitarian grounds necessary for him not to pass the normal sentence in these case of 15 months' imprisonment. One has sympathy for the appellant as for all illegal immigrants who come to Hong Kong to make money to help their family but I agree with the magistrate that there are not here the humanitarian grounds to justify a lesser sentence.
3. The appeal against sentence is refused. For avoidance of doubt the sentence will run from 20th February when the appellant was first taken into custody.
Representation:
Appellant, Yiu Kwan Tak, in person
Paul Leung for Crown