Lai Wai-keung v. The Queen

CACC000174/1982

BETWEEN

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Coram: Hooper, J.

Date: 19 March 1982

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J U D G M E N T

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1. In allowing this appeal I indicated that I would record my reasons in writing at a later stage. I now do so.

2. The appellant was convicted on his own plea of guilty to a charge of possession of a forged identity card, contrary to section on 7A of Cap. 177 of the Laws of Hong Kong.

3. The facts are neatly summarized by the learned magistrate as follows:

"The facts of the case, which the appellant admitted, were that on 14th February, 1982 outside the Kwun Tong Ferry Pier he was asked by a police constable to produce proof of his identity. He proffered an identity card in the name of TSE Wai-kiang. The constable recognized the card to be a forgery and arrested him. The appellant later admitted that he had arrived in Hong Kong unlawfully on 2nd January, 1982 where a relative had provided him with $5,000 with which to buy the forged identity card. The authorities have confirmed that the card is a forgery."

4. In his Statement of Findings the learned magistrate referred to recent cases in the Court of Appeal (Criminal Appeal Case Nos. 934/81, 967/81, 976/81 and 977/81) in which the Court of Appeal gave its approval to sentences in the order of 15 months' imprisonment for this type of offence.

5. In passing sentence of 12 months' imprisonment, the learned magistrate took into consideration the fact that the appellant had endeavoured to assist the police in tracing the source of the forged cards but that nothing had come of the information. He nevertheless felt it desirable to encourage assistance to the police in these matters.

6. I entirely agree with the remarks of the learned magistrate and would certainly no have seen fit to disturb the sentence which he imposed, had the facts remained as they did at the time the matter came before him. However, Mr. Alderdice for the Crown drew the court's attention to certain matters which if they had been known to the magistrate, he felt would have led to a reduction of sentence by 3-6 months. Since the appellant has been in custody, he has given important information to the police both as to the syndicate which provided him with the forged identity card as well as the syndicate which assisted him to come to Hong Kong illegally. Two arrests have been made. The person who supplied the identity card has been convicted and sentenced to a term of 9 months' imprisonment.

7. I agree with the learned magistrate that this sort of cooperation is to be encouraged and I considered that a reduction in sentence to 6 months' imprisonment was appropriate in the circumstances of this case.

Representation:

Appellant in person.

Mr. G.W. Alderdice, Crown Counsel, for Crown/Respondent.