The Queen v. Chan Oi Ming

HCMA000200/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.200 OF 1996

--------------------

--------------------

Coram : Hon Duffy, J. in Court

Date of hearing : 5 March 1996

Date of handing down judgment : 12 March 1996

-------------------------

J U D G M E N T

-------------------------

1. This was an appeal against a sentence of 15 months for aiding and abetting an illegal immigrant to remain in Hong Kong. In accordance with the authorities, this was a perfectly proper sentence and the appeal would have been dismissed had there not been very strong humanitarian reasons for allowing it. Since the commission of this offence, it has become known that the Appellant's son is suffering from a very aggressive form of childhood leukemia which has required surgery. The boy's chances of success depend very much on the care and attention which he now receives and one of the critical factors is the presence of his parent. In these circumstances, I allowed the appeal. I suspended the prison sentence of 15 months for two years.

Representation:

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

Mr E.C. Mumford, Q.C. & Mr Dickson Li (William Sin & So) for Appellant

- 2 -