HKSAR v. PHUNG VAN THANG

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1997, No.725
(Criminal)

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J U D G M E N T

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Power, V.-P. (giving the judgment of the Court):

1. The applicant with two other persons faced a number of charges involving conspiracy to forge false refugee cards and the possession of those cards. The applicant was involved in three of those charges - one of possession of forged Vietnamese refugee cards and one of remaining unlawfully in Hong Kong.

2. The charges arose out of a police raid on premises in Tin Lok Lane, Wanchai on 18th June 1997. Suspicion has been aroused by the activities of other defendants at a photo shop in Morrison Hill Road and the police were led to the premises in Tin Lok Lane, which was then searched. The applicant was one of the persons found therein. The police they found a number of suspicious items connected with the forgery of identification cards particularly, as regards this applicant, they found a forged Vietnamese refugee card with the photo of this applicant affixed thereto, and a genuine site permit of the Paul Y Construction Company both in the name of Le Xuan-hoai.

3. Under caution, the applicant admitted that he had entered Hong Kong illegally. He claimed that the forged Vietnamese Refugee Card in the name Le Xuan-hoai was bought at a price of $3,000 and that he had used that card to seek employment. He said he worked for Paul Y for about six months. He claimed that he had met a man named Chung and Chung had forged the card for him. He said that he obtained it in January 1997, and that he paid $2,000 for it. He state that he had thrown that card away which would, of course, have meant, if it was true, that another forged card had been made in the name Le Xuan-hoai. He pleaded guilty to possession of a forged refugee card on two occasions. On his admission it was a different card on each. However, given the facts, this seems to be unlikely and, indeed, the judge dealt with the matter upon the basis that only one card had come into existence, that it had been used by him on the occasion when he obtained work and had been kept in the premises thereafter.

4. The trial judge said when sentencing:

"In my view, the starting point for sentence for charges of possession of a forged Vietnamese Refugee Card should be 12 months' imprisonment in each case. The usual sentence for the remaining in Hong Kong charge is 15 months' imprisonment.

I have the benefit of submissions by Mr. Leung who has given the court background information about the accused and the offences. He has urged that I deal with the accused leniently. It is very much to the accused's credit that he has pleaded guilty at the earliest opportunity. Also I have been informed that the 5th and 8th charges relate to the same Vietnamese Refugee Card.

Taking into account the facts of this case, the pleas of guilty, submissions by Mr. Leung, and bearing in mind the totality principle, the accused is convicted on all three charges and is sentenced to 6 months' imprisonment on each of the 5th and 8th charges, to be concurrent; and 15 months' imprisonment on the 11th charge, to be consecutive."

5. The applicant today asks for leniency urging that he pleaded guilty, that his wife in Vietnam is sick suffering from diabetes, that he has two children to support and that this is his first offence. We have considered all he has to say but are, nonetheless, quite satisfied that the judge imposed a proper sentence and that there is no ground which would allow us to interfere therewith. This appeal has been wholly without merit. We also order that there will be a two months' loss of time between the filing of the notice of appeal and today, which means that that two months will not count towards the final sentence.