WONG KAM SEUNG, CATHERINE v. R.

IN THE COURT OF APPEAL

1994 No. 372
(Criminal)

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J U D G M E N T

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Wong. J.

1. Catherine Wong Kam-seung faced a total of five charges in the District Court : 4 of conspiracy to defraud (Charges 1, 2, 3 and 8) and 1 of aiding, abetting, counselling or procuring the making of a false representation to an immigration officer (Charge 4). She appeared before Deputy Judge Muttrie and pleaded guilty to two charges of conspiracy to defraud (Charges 1 and 2). The prosecution offered no evidence against her in respect of the other charges. She was sentenced to concurrent sentences of 12 months' imprisonment and now seeks leave to appeal against that sentence.

2. The applicant was the owner of a beauty salon and at the same address she also operated a property company and an employment agency. The offences involved the forging of contracts of employment and preparing or obtaining other false documents to be furnished to the Immigration Department in support of applications by domestic helpers from the Philippines for employment visas, extensions of stay and re-entry visas. She was assisted by several Filipinas acting as her agent to recruit customers for the false contracts.

3. Before us, the applicant asked for the sentence to be suspended so that she could look after her mother and a 6 years old daughter. Her elder sister had died of cancer.

4. The deputy judge recognised that acts designed to interfere with the control of immigration into Hong Kong were serious offences. He was also concerned with the element of exploitation in this case.

5. We share these observations and would only say that the sentence is, if anything, extremely lenient and merciful. There is no merit in the application and leave is accordingly refused.