The Queen v. Kwok Siu-lam

Read the full judgment text of HCMA 714/1989 on BabelCite. This High Court CFI judgment was delivered on 29 June 1989.

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.

Case No.HCMA 714/1989
Court
High Court CFI
Date29 Jun 1989
Judge
Case Document
100%Judiciary

HCMA000714/1989

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 714 OF 1989

______________

BETWEEN

THE QUEEN

Respondent

AND

KWOK Siu-lam

Appellant

___________

Coram: Hon. Bewley, J. in Court

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 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.

(E. de B. Bewley)

Judge of the High Court

Representation:

Mr P. Li, Crown Counsel, for Crown

Appellant in person