R. v. WONG SAU CHUN

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.696 OF 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 15 months imposed for being in Hong Kong illegally. The only mitigating factor involved in this case was that the son of the appellant was claimed to be chronically ill and to have been involved in a serious accident in May of this year.

2. Documents were placed before me to support these claims. Courts are suspicious of such documents, examples of which in the past have been found to be fraudulent. However, on this occasion, I was prepared to be merciful, and while recognising that the learned magistrate's sentence was in all respects correct, I nevertheless reduced the sentence to one of 12 months on humanitarian grounds.