R. v. Pham Dinh Quyet

HCMA000900/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 900 OF 1996

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Coram:. Stuart-Moore, J. in Court

Date of Hearing : 1 October 1996

Date of Judgment: 1 October 1996

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J U D G M E N T

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1. On 12 July 1996 this Appellant pleaded guilty at Eastern Magistracy before Mr. Wright to two charges, firstly possession of a forged Vietnamese Refugee Card and, secondly, remaining in Hong Kong without the authority of the Director of Immigration having landed unlawfully in Hong Kong. The first charge resulted in a sentence of one month and, consecutive to that, the learned Magistrate imposed 15 months on the second charge.

2. The Appellant had been arrested with two others in Tuen Mun. It was discovered that he had been employed as a worker on the construction site at Chek Lap Kok. He produced to the police a Vietnamese Refugee Card which he told the police he had purchased after illegal entry to Hong Kong. The card was a forgery.

3. The learned Magistrate rightly in my view considered that he should not depart from a sentence of 15 months' imprisonment for remaining in Hong Kong, under the guidelines of R. v. SO Man-king [1988] HKLR (1) 142 C.A. Accordingly this sentence must stand, and the appeal against the total sentence of 16 months' imprisonment is dismissed.

Representation:

Mr. P.G. Saw for Crown.

Appellant in person.