The Queen v. Kwok Siu-lam

HCMA000714/1989

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 714 OF 1989

______________

BETWEEN

___________

Coram: Hon. Bewley, J. in Court

Date of hearing: 29 June 1989

Date of delivery of judgment: 29 June 1989

--------------------

J U D G M E N T

---------------------

1. The appellant pleaded guilty to remaining in Hong Kong withour authority, contrary to Section 38(1)(b) of the Immigration ordinance, Cap. 115, and was sentenced to two years imprisoment.

2. This is his third illicit visit in four years. He has two previous convictions for using the identity card of another person.

3. There are therefore aggravating factors which justify a higher sentence than the normal 15 months. Nevertheless, I feel a two year sentence is too severe and reduce it to one of 21 months.

4. The appeal is allowed accordingly.

Representation:

Mr P. Li, Crown Counsel, for Crown

Appellant in person