HKSAR v. Jabbar Abdul

HCMA000144/1998

IN THE HIGH COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 144 OF 1998

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Coram : The Hon. Madam Justice Beeson in Court

Date of Hearing : 26 February 1998

Date of Delivery of Judgment : 26 February 1998

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J U D G M E N T

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1. The Appellant appeals against sentences of six months imposed for each of two offences, one of using a forged travel document and the second of making a false representation to an Immigration Assistant.

2. The Appellant arrived in Hong Kong on 6th November 1997 and presented a Bangladeshi passport that was immediately suspected to have had a photo substituted. The Appellant said he had obtained the passport through an agent for a business trip and the agent had substituted his photo on the passport. He used the passport to travel to Korea and Hong Kong from March 1997.

3. The magistrate was aware of these facts which the Appellant admitted when he pleaded guilty before him. He noted that the sentencing authorities suggested sentences between 6 months and 18 months' imprisonment. He noted also that these are prevalent offences where about 40 new cases come before the court each week. He took a 9 months starting point in respect of each charge; he gave a one-third discount for the Appellant's plea; he imposed sentences of 6 months' imprisonment for each charge and ordered that they run concurrently.

4. The Appellant had told the magistrate in mitigation that he was poor with 6 brothers and 3 sisters at home. He did not mention that he was married. Today, the Appellant said that he is married and that his wife requires medical treatment in India rather than Bangladesh. He has produced a medical certificate stating that his wife suffers from severe upper abdominal pain, fever, jaundice and nausea, she is apparently awaiting a selective cholecystectomy after a 6-week period. Nothing in the report indicates that she needs treatment in India or that treatment is not available in Bangladesh. I do not consider that the matters put forward are mitigatory of this sentence which is an entirely proper one.

5. This appeal against sentence is dismissed.

Representation:

Ms. Maggie Yang, S.G.C., for D.P.P.

Jabbar Abdul, Appellant, in person