Mr. Steve Chui
HCMA 1599/1989
HCMA001599/1989
Headnote
Sentence - illegal immigrants - defendant a teenager - special considerations to be given.
IN THE SUPREME COURT OF HONG KONG
MAGISTRACY APPEAL NO.1599/89
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BETWEEN
AND
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Coram: Hon. Yang, C.J.
Date of Hearing: 15 March 1990
Date of Judgment: 15 March 1990
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JUDGMENT
Hon. Yang, C.J.:
1. In this case the appellant was convicted on his own plea of using an identity card relating to another person. He was an illegal immigrant from China. For a young woman, 20 years of age, I reduced the sentence from 15 months to 12 months in a case earlier this morning where the offence was one of remaining in Hong Kong without authority. Here we have a boy of 17 years of age at the time of the offence.
2. My attention is drawn to the Attorney General v. Lam Ping-chun 1988 No. 10 Application for Review which awarded a sentence of 12 months after discount on a boy of 18. My sentence in the previous case, namely Magistracy Appeal No. 1591/89, was therefore too low. I think, however, that for defendants under 18 years of age, very special considerations should he given. I would accordingly allow the appeal and reduce the sentence to 9 months.
T.L. Yang Chief Justice
Representation:
Mr. Steve Chui for Crown/Respondent
Mr. Wong Siu-chung Appellant in person