HKSAR v. LIU LING

HCMA298/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 298 OF 2003

(ON APPEAL FROM KTCC 1493 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 in Kwun Tong Magistrates' Court to an offence of making a false representation to an Immigration Assistant, contrary to section 42(1)(a) of the Immigration Ordinance, Cap.115.

2. She was sentenced to a term of 10 months' imprisonment against which sentence she now appeals on the general ground that it was too severe.

3. The facts of the offence as admitted by the appellant were these : On 25 February 2003, the appellant was transferred to Victoria Immigration Centre for repatriation formalities. A record check revealed that she had been in Hong Kong under different identities.

4. Under caution, she admitted that she was properly known as Liu Ling born on 10 July 1981 and that in 2002, she took her friend's People Republic of China identity card and assumed such identity in applying for a Chinese permit as her own identity card had been lost. She was later issued with a Chinese Permit No.W00663246 in name of Ye Meixian born on 29 May 1980. Upon receipt, she was aware that the personal particulars recorded on the permit did not relate to her apart from the photograph. Upon arrival in Hong Kong on 2 August 2002, she falsely represented that she was Ye Meixian. She was allowed entry as a visitor. On 25 August 2002, she was arrested by the police and was later repatriated to the Mainland on 4 October 2002.

5. She returned to Hong Kong on 11 December 2002 using her own Chinese Permit No.W01410147 and was granted permission to remain here until 11 March 2003. However, she was arrested by the police on 10 January 2003.

6. On 26 August 2002, the appellant was convicted of being in breach of a condition of stay here and she was sentenced to a term of two months' imprisonment. On 13 January 2003, for being again in breach of her condition of stay, she was sentenced to 10 weeks' imprisonment.

7. When sentencing the appellant for the present offence, the magistrate said this :

" Defendant pleaded guilty to making a false representation to Immigration by presenting a false passport. ... She has two criminal records, but they were committed after the present offence. SINGH Parkas HCMA1237/1999, from the High Court, says using a false passport to land in Hong Kong leads to 15 months' jail.

I have heard mitigation and considered the relevant factors. I adopt a starting point of 15 months in jail. However, because of the guilty plea, I reduce the sentence to 10 months."

8. This appeal is to all intents and purposes identical to HKSAR v. Li Xiao Feng, HCMA286/2003 which appeal I heard and decided two days ago on 20 May. The sentence imposed in this case was the same as imposed in that case; it was imposed by the same magistrate for the same offence on the same day. Mr Lo of counsel appears before me today as he did on 20 May and, perhaps inevitably, he relies upon the same arguments advanced then.

9. I do not propose to repeat what I said two days ago. Suffice it to say that for the same reasons, I allow this appeal to the extent that the sentence of 10 months' imprisonment imposed by the magistrate will be reduced to eight months.