R. v. HUI MING CHUEN

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.740 OF 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 15 months imposed for being in Hong Kong as an illegal immigrant. The appellant had originally also been charged with possession of an offensive weapon but had been acquitted after trial on that charge. In accordance with the ruling in R. v. Ng Tung Fong [1992] 1 HKCLR 114, the learned Magistrate might have considered reducing the appellant's sentence because, without the possession of offensive weapon charge, he would not, according to the current prosecution policy, be prosecuted at all. As the appellant had already served 9 months in any event, I allowed the appeal so that he could be released immediately.