The Queen v. Li Kin Chung

HCMA001374/1989

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1374 OF 1989

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BETWEEN

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Coram: Hon. Ryan J. in Court

Date of hearing: 22 February 1990

Date of delivery of judgment: 22 February 1990

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JUDGMENT

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1. The appellant was convicted on the offence of remaining in Hong Kong after having landed unlawfully and was quite properly sentenced by Mr G.P. Muttrie to 15 months' imprisonment. He obtained leave to appeal out of time against that sentence. When he was sentenced, the appellant put forward in mitigation that he had a very old father and again, quite properly, the Magistrate did not consider that to be a strong humanitarian ground for departing from the usual tarrif.

2. It has now been produced to me a certifiate from the Chinese Authorities confirming that the father, who is aged 85, is in very serious condition and that the mother, who is 78, is solely dependent on the appellant for support.

3. The appellant has been in prison since the 29th May 1989 and, with usual remissions, will be discharged on the 29th March 1990.

4. Having regard to the evidence which is now before me, I do think this is a proper case to allow the appeal on humanitarian grounds and to reduce the sentence to a date which will allow the immediate release of the appellant. He will, of course, be immediately repatriated to China.

Representation:

Mr Stanley Lee, C.C., for Crown.

Mr H.Y. Wong, inst'd by D.L.A. for Appellant.

Appellant present in dock.