HKSAR v. HO HING TUNG

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1135 OF 1997

(On appeal from WSC 14867 of 1997)

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J U D G M E N T

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1. The Appellant applies for an extension of time for giving notice of appeal against sentence. I grant the extension.

2. The sentence appealed against is one of 15 months' imprisonment arrived at by two concurrent terms of that duration passed on this Appellant, a man in his 30s, by I.S.C. Candy, Esquire sitting in the Magistrate's Court at Western on the 25th September last year, following his pleas of guilty to one charge of remaining in Hong Kong without authority having landed unlawfully and one count of possession of a forged identity card.

3. In his written submission, the Appellant says that his wife is ill and has to be hospitalised for an operation and that there is nobody to take care of his children and his aged parents. He has produced some documentation in support of that claim. Such documentation does not go very far in establishing what he asserts. Having considered all the circumstances in this case, I consider that the sentences passed are appropriate and there is no basis, humanitarian or otherwise, for me to disturb them.

4. The appeal is dismissed.