HKSAR v. MARIETTA AGLIBUT

HCMA 1026/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 1026 OF 2003

(ON APPEAL FROM ESCC 2863/2003)

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J U D G M E N T

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1. The Appellant was convicted on her own plea of using an Identity Card Relating to Another Person, contrary to section 7A(1A) of the Registration of Persons Ordinance, Cap. 177 and Breach of Condition of Stay, contrary to section 41 of the Immigration Ordinance, Cap. 115. She was sentenced to 15 months' imprisonment on the first count and 2 months on the second; the sentences were ordered to run concurrently.

2. The facts were that on 7 September 2003 the Appellant was stopped and asked to produce proof of identity. She produced an identity card in the name of another woman, which had been lost by the rightful holder in May 2003. The Appellant's passport showed she had overstayed almost 2 years since 23 October 2001, having been permitted to stay in Hong Kong from 23 October 1999 as a domestic helper.

3. In sentencing, the Magistrate took into account the Appellant's plea of guilty and the fact that she has 5 children to support.

4. In his Reasons for Sentence, he considered the sentencing cases relevant to these offences, in particular Chan Man-mo MA1059/99. He did not add an additional 2 months to the sentence on the first count as he might have done because the identity card had been shown to the police.

5. These sentences were neither excessive nor wrong in principle. The Magistrate took into account all the necessary factors in sentencing. The appeal is dismissed.