R. v. Law Heung

HCMA000135/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.135 OF 1995

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Coram: Hon Patrick Chan, J. in Court

Date of hearing: 14 June 1995

Date of judgment: 14 June 1995

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J U D G M E N T

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1. This is an appeal against sentence. The appellant pleaded guilty to two counts, one for uttering a forged document and the other, for illegally remaining in Hong Kong. She was sentenced to 15 months imprisonment on each count, both sentences to run concurrently.

2. She was not alone. She came to Hong Kong with her husband. They purchased some travel documents which turned out to be forged. The husband, I understand, is also serving a similar sentence of 15 months. She said in mitigation before the learned magistrate that she and her husband came here for sight-seeing and also to visit her father who lives in Tuen Mun. She had four children in China. Most of them have reached majority.

3. The learned magistrate said that there was no other mitigating factor and nothing to show that there was any special circumstance or humanitarian factor. I agree with him.

4. On appeal it was produced before me a medical certificate on her present conditions which shows some health problems. That certificate was dated March 1994. There was also another medical certificate in relation to her mother who was aged 80. That was a more recent medical certificate. It described the mother as having some hypertension with complications and some heart problems. The certificate said that in January she was in a critical condition and asked the appellant to return home immediately. I must say I find these medical certificates rather suspicious. I have seen far too many of these certificates. I do not attach much weight to her own medical certificate. With regard to her mother's, if the mother had in fact been in a critical condition in January, I wonder what has happened to her since then. The appellant should be aware of all these before she came to Hong Kong.

5. While I do not think there are any special circumstances or humanitarian factors in this case, I notice that the appellant's husband is facing the same problem - he is similarly incarcerated. If her mother is indeed sick in China, while there are children inside who can look after her, it would certainly assist the family if the appellant could return home early. So in the circumstances I would reluctantly reduce the sentence to 12 months. I must say this is done out of sympathy for the whole family rather than for her. I would also add that I do this with respect to the learned magistrate who I think was correct in passing those sentences. The appeal is allowed and both sentences reduced to 12 months to run concurrently.

Representation:

Mr Derek Pang, A.P.C.C. (Ag.), for Crown

Ms Liza d'Almada Remedios, inst'd by D.L.A., for Appellant