THE QUEEN v. SIU YIN YU

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 195 OF 1995

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JUDGMENT

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1. The appellant pleaded guilty before a magistrate to two offences under the Immigration Ordinance Cap. 115. These were using an unlawfully obtained travel document and making a false statement in a document to an immigration assistant. On each charge she was sentenced to 6 months' imprisonment, to be served concurrently. She now appeals against this sentence.

2. The admitted facts were when the appellant arrived in Hong Kong on 21 December 1994 through Lo Wu Terminal she presented to an immigration assistant a People's Republic of China passport bearing her photograph in the name of Huang Su Yue. In the arrival card it was also stated that she was Huang Su Yue. She was detained for enquiries and under caution she admitted that she paid HK$3,800 to a travel agency in Shenzhen and was given the passport. She was aware that the personal particulars in the passport, except the photograph, were false.

3. In mitigation, she told the magistrate that she wanted to see Hong Kong during Christmas. Before me, Mr. Kwok who appears for the appellant put forward a strong plea for leniency. A letter from her mother and medical certificates, not before the magistrate, were produced, which indicate that her father is suffering from serious illness.

4. The magistrate clearly accepted that she was deceived by the travel agency but took the view that she should return to the Chinese side immediately upon discovering the false particulars in the passport. This is no doubt the right thing to do. But it is perhaps rather too much to expect of a young woman to turn back after having paid such a large sum of money to see Hong Kong.

5. She is 22 years old. There is absolutely no criticism of the magistrate. The sentence imposed by him is a proper one. But in the light of the new information and the fact that the appellant has been in prison for three months and as an act of mercy, I would reduce the sentence to a period that would result in her immediate release and repatriation. The appeal is allowed to this extent.