HKSAR v. Wu Yuk Cheung

HCMA000303/1999

1999, No. MA303

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 303 OF 1999

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Coram : The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 19 May 1999

Date of Delivery of Judgment: 19 May 1999

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J U D G M E N T

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1. On 30th September 1998, this Appellant pleaded guilty before T.H. Casewell Esquire to: one charge of remaining in Hong Kong without authority having landed here unlawfully; one charge of possession of forged identity card and one charge of using a forged identity card. He was sentenced to a concurrent term of 18 months' imprisonment on each charge.

2. This appeal is out of time. The Appellant seeks an extension in order to appeal against sentence, complaining that the sentence is too severe. In a statement attached to his application for extension of time for giving notice of appeal, he stated that he had in fact entered Hong Kong lawfully on a two-way permit. He has produced nothing to substantial this claim. He also stated that that his elderly mother is suffering from a terminal disease and is in critical condition.

3. In court, he tells me that his mother has now passed away. He now tells me that his younger sister is ill. He has shown me some medical documents to substantiate that claim.

4. In all the circumstances, I consider that the sentences imposed by the Magistrate are proper sentences to impose and they are not too severe at all. I have also carefully considered what the Appellant has said and the documents produced, but I do not consider that there are any strong humanitarian ground for me to interfere with the sentences imposed by the Magistrate. The appeal is therefore dismissed.

Representation:

Wu Yuk-cheung, Appellant in person

Mr. Johnny Chan (of the Department of Justice) for the Respondent