The Queen v. Hui Pik Ching

Read the full judgment text of HCMA 1045/1995 on BabelCite. This High Court CFI judgment was delivered on 12 March 1996.

1. This was an appeal against sentences of 15 months and 2 weeks for theft and remaining in Hong Kong without the authority of the Director of Immigration. These were perfectly proper sentences but at the time of sentencing, the Magistrate was unaware of disasters which had befallen the Appellant's family. Her son had been admitted to hospital, diagnosed as having pneumonia and heart failure. I felt that this was sufficiently strong humanitarian ground to allow the appeal. In any event the Appel

Case No.HCMA 1045/1995
Court
High Court CFI
Date12 Mar 1996
Judge
Case Document
100%Judiciary

HCMA001045/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1045 OF 1995

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BETWEEN
THE QUEEN Respondent
AND
HUI PIK CHING Appellant

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Coram : Hon Duffy J. in Court

Date of hearing : 6 March 1996

Date of handing down judgment : 12 March 1996

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J U D G M E N T

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1. This was an appeal against sentences of 15 months and 2 weeks for theft and remaining in Hong Kong without the authority of the Director of Immigration. These were perfectly proper sentences but at the time of sentencing, the Magistrate was unaware of disasters which had befallen the Appellant's family. Her son had been admitted to hospital, diagnosed as having pneumonia and heart failure. I felt that this was sufficiently strong humanitarian ground to allow the appeal. In any event the Appellant had already served a substantial part of her sentence. I therefore allowed the appeal so that she could be released immediately.

Representation:

Mr Albert Wong, S.C.C., for Crown

Mr Kevin Chan (D.L.A.), for Appellant

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