The Queen v. Chan Chung Ho

HCMA000060/1991

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No. 60 OF 1991

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BETWEEN

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Coram: Hon. Bewley, J. in Court

Date of hearing: 17 May 1991

Date delivery of judgment: 17 May 1991

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JUDGMENT

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1. The appellant pleaded guilty to remaining in Hong Kong without authority and was sentenced to 18 months imprisonment.

2. He knew at the time of sentence in September 1990 that his mother was ill. The reason he gave for reentering Hong Kong for a second time was to earn money with which to buy medicine.

3. Medical evidence has now been produced to the effect that she has had her stomach removed following haemorrhage caused of a gastric ulcer.  She is in critical condition and not expected to live.

4. For these reasons I allowed the appeal and reduced the sentence to allow the appellant's immediate release.

Representation:

Mr D.G. Saw, Crown Counsel, for Respondent

Mr A. Macrae, assigned by D.L.A., for Appellant