SO MING SHET v. THE QUEEN

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 80 OF 1992

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BETWEEN

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J U D G M E N T

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1. This appellant was sentenced to six months' imprisonment for Using An Unlawfully Obtained Travel Document. The Magistrate set out the facts of this case and the mitigation put forward did appear to me to indicate to the Magistrate what the matters were which were relevant to sentence.

2. Mr. Chui on behalf of the Crown had brought to his attention that the defendant had a prima facie right of abode. The Magistrate was unaware of the decision of The Chief Justice given on 24th April 1991 in Wong Keung. Having regard to all these factors, I shall reduce your present sentence to such term as permits you to be released today.