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HCMA 477/2006
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. HCMA 477 OF 2006
(ON APPEAL FROM ESCC 4672/2005)
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BETWEEN
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HKSAR |
Respondent |
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CEN YU PING |
Appellant |
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Before: Deputy High Court Judge Wright in Court
Date of Hearing: 16 June 2006
Date of Judgment: 16 June 2006
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J U D G M E N T
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1. The Appellant was correctly sentenced to serve a period of 12 months imprisonment in respect of four offences, all concurrent, and all relating to immigration matters.
2. She applied to the magistrate for leave to appeal out of time on the basis that new mitigation had become available. He granted that application adding that had he been aware of the circumstances he would have allowed her immediate release.
3. The new evidence relates to the recent accidental death of her husband, who was caring for their children in the Mainland. The prosecution, quite properly, adopted a neutral stance in the matter today.
4. I allow the application to adduce new evidence and allow the appeal to the extent that the sentences are varied to permit her release today.
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(A R Wright)
Deputy High Court Judge |
Ms Wong Kam-hing, SGC of Department of Justice, for the Respondent
Mr Simon Yip, instructed by Messrs Or, Ng & Chan (DLA), for the Appellant
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