HKSAR v. CHEUNG CHING FA

HCMA297/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 297 OF 2003

(ON APPEAL FROM KTCC 1516 OF 2003)

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J U D G M E N T

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1. On 1 March 2003 the appellant pleaded guilty at Kwun Tong Magistrates' Court to an offence of possessing a forged identity card and to an offence of breaching a condition of stay.

2. She was sentenced to a term of 15 months' imprisonment in respect of the identity card offence and to a term of ten weeks in respect of her overstaying. Five weeks of the latter sentence were ordered to be served consecutive to the 15 months.

3. The appellant appeals against those sentences complaining that they were too severe and she tells me that her father is unwell and she wishes to be released early so that she can take care of him.

4. The offences to which the appellant pleaded guilty came to light in this way. On 27 February 2003 a party of police officers raided domestic premises in Tokwawan and apprehended the appellant therein. On request she produced an identity card which was subsequently found to be invalid and a forgery. Further enquiries revealed that the appellant had come to Hong Kong on a two way permit on 19 May 2000 and she was permitted to stay here only until 17 June 2000. When arrested on 27 February therefore she had overstayed by approximately two years and eight months.

5. On 16 July 1999 for an offence of breaching a condition of stay the appellant was sentenced to a term of two months' imprisonment and fined $2,000. That sentence of imprisonment was suspended for a period of two years.

6. There is nothing at all in this appeal. The sentences imposed by the magistrate were entirely appropriate. The appeal is dismissed.