R. v. Nguyen Van Phong
Read the full judgment text of HCMA 121/1995 on BabelCite. This High Court CFI judgment was delivered on 24 May 1995.
1. This Appellant was sentenced at the South Kowloon Magistrates' Court on December 5 1994. This Vietnamese had sneaked back into Hong Kong to look for his wife, he had taken his son and daughter back to Vietnam under the voluntary repatriation scheme but his wife did not want to go back, she stayed here. He pleaded guilty and was sentenced to 6 months' imprisonment for possession of a forged Vietnamese Refugee Card and 15 months for remaining in Hong Kong without authority which is a standard s
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HCMA000121/1995 IN THE SUPREME COURT OF HONG KONG APPELLATE JURISDICTION MAGISTRACY CRIMINAL APPEAL NO. 121 OF 1995 ____________
____________ Coram: The Hon. Mr. Justice Sears in Court Date of hearing: 24 May 1995 Date of delivery of judgment: 24 May 1995 _________________ J U D G M E N T _________________ 1. This Appellant was sentenced at the South Kowloon Magistrates' Court on December 5 1994. This Vietnamese had sneaked back into Hong Kong to look for his wife, he had taken his son and daughter back to Vietnam under the voluntary repatriation scheme but his wife did not want to go back, she stayed here. He pleaded guilty and was sentenced to 6 months' imprisonment for possession of a forged Vietnamese Refugee Card and 15 months for remaining in Hong Kong without authority which is a standard sentence for Chinese illegal immigrants. This was a dramatically different set of circumstances. Although it merited a prison sentence, in my judgment, it should have been less. I reduce the sentence on the 2nd Count to such sentence of imprisonment as permits his release today but he is in the custody of Immigration authorities pending deportation. This is equivalent to a 9 months sentence. Representation: Mr. William Lam, S.C.C. for Crown Mr. Richard Wong (DLA) for Appellant
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