R. v. Pervaiz Khan

HCMA001055/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1055 OF 1996

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Coram: Hon. 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. This Appellant was convicted on 9 August 1996 at Eastern Magistrates' Court on charges of breach of condition of stay and possession of a forged Hong Kong identity card. The learned Magistrate, Mr. Wright, imposed a one month sentence on the first charge, and a sentence of nine months to be served consecutively on the second charge. He now appeals against the length of his sentence.

2. The brief facts of the case are that the Appellant was seen acting suspiciously in North Point, and he was asked to produce his identity card. It was obvious that the card had been altered. The Appellant admitted that he had come to Hong Kong by air on 15 April 1996, and that he had been given permission to stay until 29 April. He said to the police that he had lost his passport. There are of course ways of dealing with people who have lost their passports, and this Appellant will know what he should have done to replace it. That assumes that he had lost it. What he actually did, according to the account he gave after arrest, was to buy this Hong Kong identity card from an unknown Pakistani at Chung King Mansion, paying $10,000 for it. That was a large sum of money to pay.

3. This morning the Appellant tells me that he did not know he was buying a forgery. This is something I do not accept. This Appellant was extremely lucky to receive a sentence of ten months, and there is no foundation in his complaint that it was too much.

4. The appeal is dismissed.

Representation:

Mr. P.G. Saw for Crown.

Appellant in person.