THE QUEEN v. LUN WAI LING

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 52 OF 1995

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JUDGMENT

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1. The appellant was convicted before a magistrate of a charge of offering an advantage, contrary to section 4(1)(a) of the Prevention of Bribery Ordinance, Cap. 201. A charge of remaining unlawfully in Hong Kong contrary to section 38(1)(b) of the Immigration Ordinance, Cap. 115 was withdrawn on the application of the prosecution. She was sentenced to 10 months imprisonment. Against this sentence she now appeals.

2. The appellant married a Hong Kong resident in Mainland China in 1988 and had previously visited Hong Kong on several occasions with travelling documents issued by the People's Republic of China. During her visits, she gave birth to two children, now aged 2 and 3.

3. In order to take care of her children, she came to Hong Kong illegally in February 1994 and had since been living with her husband and children at Room 1131, Leung Chi House, Leung King Estate in Tai Hing, Tuen Mun.

4. On 2 December 1994, a team of police officers, acting on information, arrested the appellant at her home. She later told the police that two weeks ago she had paid $3,000 to a police sergeant of the Police Tactical Unit for not taking action against her when the sergeant visited her home during an anti-crime survey and discovered that she was an illegal immigrant.

5. She agreed to testify against the sergeant and has now done so. I am informed that the case was concluded one week ago and judgment has been reserved. The appellant gave evidence in the trial in accordance with her statement to the ICAC. The appellant has been in custody for three months and a half.

6. The magistrate described what the appellant did as an act of real desperation. I agree. Having regard to the rather unusual circumstances of this case and the fact that she has now given evidence against the sergeant, I would allow her appeal against sentence and reduce it to a period to allow her immediate release and repatriation.