R. v. Wong Lai

Read the full judgment text of HCMA 934/1995 on BabelCite. This High Court CFI judgment was delivered on 24 January 1996.

1. This was an appeal against a conviction for having made or caused to be made in a document furnished to an Immigration Officer a statement which the appellant knew to be false. The single point on the appeal was that the charge itself was defective in that it failed to include the words "pursuant to the Immigration Ordinance or the requirement made thereunder". This aspect of the offence was therefore never considered by the learned Magistrate. The Crown conceded the appeal on this point. I t

Case No.HCMA 934/1995
Court
High Court CFI
Date24 Jan 1996
Judge
Case Document
100%Judiciary

HCMA000934/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.934 of 1995

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BETWEEN
THE QUEEN Respondent
AND
WONG LAI Appellant

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Coram : Hon Duffy, J. in Court

Dates of hearing : 12 and 19 January 1996

Date of handing down judgment : 24 January 1996

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J U D G M E N T

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1. This was an appeal against a conviction for having made or caused to be made in a document furnished to an Immigration Officer a statement which the appellant knew to be false. The single point on the appeal was that the charge itself was defective in that it failed to include the words "pursuant to the Immigration Ordinance or the requirement made thereunder". This aspect of the offence was therefore never considered by the learned Magistrate. The Crown conceded the appeal on this point. I therefore allowed the appeal.

2. However, as this is an important and serious matter, I ordered a retrial.

Representation:

Ms M.A. Crabtree, D.P.C.C., for Crown

Mr Jerome Matthews (Paul Kwong & Co.) for Appellant

(J.M. Duffy)
Judge of the High Court