HKSAR v. TAM KWOK PUI

HCMA1197/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1197 OF 1998

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J U D G M E N T

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1. The Appellant pleaded guilty to a charge of possession of forged identity card and was sentenced by the Magistrate to 15 months' imprisonment. In passing sentence, the Magistrate took into account R v Chan Ming, CA 353/83 (6th May 1983, unreported).

2. Despite the previous convictions of the Appellant appearing in the record, the Magistrate treated the Appellant as a person with a clear record, and he considered that there was nothing in the Appellant's circumstances to allow him to depart from the tariff set down by Chan Ming.

3. The Appellant has submitted a piece of paper to me during this appeal which states that his father has died during his incarceration this time and his wife is seriously ill.

4. Although I am very sympathetic with the Appellant, I do not see any ground in disturbing the sentence which was passed by the Magistrate after considering the relevant authorities and guidelines, nor do I find the sentence excessive. I would dismiss the appeal.