The Queen v. Choi Chuen Tai

HCMA000016/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 16 OF 1996

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Coram : Hon Duffy, J. in Court

Date of hearing : 16 February 1996

Date of handing down judgment : 29 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 sentence of 12 months for remaining in Hong Kong without the authority of the Director of Immigration and possession of a forged Hong Kong identity card. The sentence was a perfectly proper one, if slightly lower than normal sentences imposed for offences of this sort.

2. The only point on the appeal was that the Appellant was pregnant at the time of the sentence but was unaware of that. If she serves her full sentence her child will be born in prison. On humanitarian grounds, therefore, I allowed the appeal so that she could be released immediately.

Representation:

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

Mrs Penelope Wacks (D.L.A.), for Appellant

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