THE QUEEN v. CHOW MEI-YUNG

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 139 OF 1995

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JUDGMENT

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1. The appellant pleaded guilty before a magistrate to a charge of employing a person not lawfully employable contrary to section 171 (1) of the Immigration Ordinance, Cap. 115. She was sentenced to 15 months' imprisonment. Against that sentence, she now appeals.

2. In the afternoon of 24 December 1994, a team of police officers on patrol inside Kin Sang Market, Kin Sang Estate, Tuen Mun saw a female selling vegetable at a stall with the appellant. They demanded to see their identity cards and the female was unable to produce it. The female admitted under caution that she was an illegal immigrant and had been employed by the appellant since 20 November 1994 as her assistant to sell vegetables at her stall at $20 an hour. The female was charged and pleaded guilty to the offence of remaining in Hong Kong without the authority of the Director of Immigration. She was sentenced to 15 months' imprisonment.

3. Having considered submissions of Counsel and borne in mind the decision of the Court of Appeal in R v Wong Mok Din, Magistracy Appeal No. 553 of 1992, I am satisfied that an immediate custodial sentence is inperative and the starting point of such a sentence is 15 months' imprisonment. Taking into consideration the plea of guilty and the clear record of the appellant, I would reduce the sentence to 9 months' imprisonment and the appeal is allowed to this extent.