R. v. WONG CHING CHA

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.200 OF 1995

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J U D G M E N T

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1. The appellant appealed against his sentence of 12 months' imprisonment after she had pleaded guilty to remaining unlawfully in Hong Kong. The facts disclosed that upon an anti-illegal immigration raid, the police found the appellant sleeping on a bed inside a home for the elderly.

2. In mitigation before the magistrate, the appellant presented the usual circumstances. She came to Hong Kong for economic reasons, her husband was said to be mentally retarded and not able to earn very much and he had been hospitalized for some time. She has also four children to support.

3. The learned magistrate found that there was no special reason or humanitarian ground and he referred to but did not set out the reasons which he gave in two similar cases. I do not have the benefit of those reasons here. Anyway, I tend to agree with the view that there are no humanitarian factors in this case. There is however one point which can be said in favour of the appellant and that is, this was the first time that she came to Hong Kong and she had stayed here for only one day. If she had not been found in a work place, it is likely that she might not have been charged at all and would be repatriated immediately.

4. In these circumstances, I would express my sympathy towards her. I would reduce her sentence to 12 months to enable her to return to China in a short while. She has been in custody since January, it would probably be about another two months before she can return.