The Queen v. Yau Yuk-ling

HCMA000692/1989

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 692 OF 1989

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BETWEEN

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Coram: Hon. Mr. Justice Bewley in Conrt

Date of hearing: 29 June 1989

Date of Delivery of Judgment: 29 June 1989

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J U D G M E N T

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1. The appellant pleaded guilty to remaining in Hong Kong without authority, contrary to section 38(1)(b) of the Immigration Ordinance, Cap. 115, and was sentenced to 15 months imprisonment.

2. This is the appellant's second attempt to come to Hong Kong, having been repatriated in March this year.

3. According to the appellant, her husband, who she married in 1987, lives in Hong Kong and visits him once a year. She heard that he was living with another woman in Hong Kong and she came to find out.

4. She is three months pregnant, suffering from headaches and dizzy spells, and clearly in a parlous mental and physical condition.

5. On humanitarian grounds the appeal is allowed and the sentence reduced to such term as will permit the appellant's immediate release.

Representation:

Mr P. Li, Crown Counsel, for Crown.

Appellant in person.