HKSAR v. CHEN XICHUN

HCMA76/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 76 OF 1999

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J U D G M E N T

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1. The Appellant was convicted on his own plea of two offences, (1) breach of condition of stay, and (2) using a forged document of identity, contrary to the Immigration Ordinance, Cap.115.

2. The Magistrate in sentencing the Appellant considered the case of R. v. Shamin Nawaz HCMA No.804 of 1993, and passed a sentence of 14 days' imprisonment for the first charge and 15 months' imprisonment on the second charge, to run concurrently.

3. There had been a number of recent authorities on the subject of possessing forged identity cards, namely, R. v. Lau Chung Kwan [1983] HKLR 203, Attoney General v. Lam Ping Chung [1989] 1 HKLR 161 and R. v. Chan Ming MA 353 of 1983 (6 May 1983, unreported) and also the Court of Appeal's judgment in R. v. So Man King [1989] 1 HKLR 142. The principles and guidelines show that a 15 months' imprisonment is appropriate in respect of a defendant who has pleaded guilty.

4. In the circumstances, I can find nothing wrong in law or on principle regarding the sentences that the Magistrate imposed on the Appellant. I therefore dismiss the appeal.