R. v. PANG HIN CHAU

MAGISTRACY APPEAL NO. 1487 OF 1994

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

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J U D G M E N T

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1. The appellant was convicted after a plea of guilty to remaining in Hong Kong without the Authority of the Director of Immigration and he was sentenced to 15 months' imprisonment. He now appeals against that sentence.

2. The ground of appeal is that circumstances have changed since he was sentenced in that his mother-in-law has passed away and his wife has had a miscarriage. These facts are supported by documents from the Republic of China. In addition, there has been produced letters from the wife referring to the difficult circumstances caused by the failure of crops and to her depression following the miscarriage.

3. The appellant has already served 8 months of his sentence. I am satisfied that if the Magistrate had had these factors before him, he may well have taken a more lenient view than he did. Certainly no criticism can be directed at him for having imposed the term of 15 months' imprisonment. I propose to allow the appeal on humanitarian grounds, the sentence is reduced to a period which will allow for his immediate release and repatriation to China.