R. v. Wong Sze Tak

HCMA000888/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.888 of 1995

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Coram: Hon. Duffy, J. in Court

Date of hearing: 28 November 1995

Date of handing down judgment: 1 December 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 16 months imposed for using an unlawfully obtained travel document and making a false representation to an immigration officer. The sentence of 16 months was in fact passed for both offences, and the sentences were ordered to be served concurrently.

2. This was a case of a man seeking to leave China via Hong Kong using false travel documents. It fell, therefore, within the second of the four categories of offenders named by Bewley J. in R. v. Bhagwant Singh-Padda, MA1447 of 1988. A review of the authorities suggested that on a plea of guilty, the proper sentence in these circumstances for an offence of using an unlawfully obtained travel document was in the region of 9 months, and an appropriate sentence for making a false representation to an immigration officer was in the region of 4 to 6 months.

3. In that event, the sentences imposed in this case were manifestly excessive, and I allowed the appeal by reducing the sentence for the first charge to one of 9 months and of the second charge to one of 4 months, ordering that the sentences be served concurrently.

Representation:

Mr F. Veltro, C.C., for Crown

Mr Peter Ip (D.L.A.) for Appellant