HKSAR v. LAM KWAN

HCMA 1139 of 1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 1139 OF 1998

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J U D G M E N T

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1. This is an appeal against sentence imposed on the appellant on 26th October 1998 in the Magistrates Court in Tuen Mun.

2. Having pleaded guilty to a charge of possessing a forged identity card and to a charge of being in breach of condition of stay, the appellant was sentenced to a term of 15 months' imprisonment and a term of 1 month's imprisonment such sentences to be served concurrently.

3. These sentences were entirely proper and cannot be complained against.

4. However before me the appellant in support of his appeal urged a reduction in his sentence upon humanitarian grounds. He told me, and indeed he produced documentary evidence in support, that his mother has recently been diagnosed as being terminally ill with cancer of the liver.

5. Upon this ground alone I allowed his appeal to the extent that the sentence of 15 months in respect of the charge of possessing a forged identity card be reduced to one of 9 months, thus bringing forward the date of his release when he will be returned to the mainland.