The Queen v. Cheung Lik

HCMA001141/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1141 OF 1995

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Coram : Hon Duffy, J. in Court

Date of hearing : 31 January 1996

Date of handing down judgment : 6 February 1996

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J U D G M E N T

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1. This was an appeal against a total sentence of 15 months imposed as follows : 15 months' imprisonment was ordered for the Appellant's being in Hong Kong illegally, and 4 months' imprisonment for an offence of theft. The sentences were ordered to be served concurrently.

2. In the appeal, the Appellant advanced her own ill health and that of her husband as humanitarian reasons for reduction of the sentence. However, in a medical report, which had been obtained by the learned Magistrate in relation to the Appellant, she had been found to be in satisfactory health. In support of her submission that her husband was ill, she produced certificates, whose authenticity was clearly in doubt.

3. She told me she was 62 years of age although on the Magistrate's note she was recorded as being aged 60 in July 1995. She told me that the reason for this was that there was a different method of assessing age in China.

4. All in all, I was unimpressed by the lady's reasons for sentence, but as she was 60 years of age, at least, and as she had only two months to serve of her sentence, as an act of mercy, I allowed the appeal so that she could be released immediately.

Representation:

Mr Tam Yiu Ho, S.C.C., for Crown

Appellant (Cheung Lik) in person

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