R. v. Nguyen Van Phong

HCMA000121/1995

IN THE SUPREME COURT OF HONG KONG

APPELLATE JURISDICTION

MAGISTRACY CRIMINAL APPEAL NO. 121 OF 1995

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Coram: The Hon. Mr. Justice Sears in Court

Date of hearing: 24 May 1995

Date of delivery of judgment: 24 May 1995

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J U D G M E N T

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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