The Attorney General v. Tsang Sung

CAAR000006/1977

Coram: Briggs, C.J., Pickering, J.A. and Leonard, J.

Date of Judgment: 19th October, 1977.

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DECISION

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1. The respondent pleaded guilty to the offence of aiding and abetting the remaining of an illegal immigrant in Hong Kong and was fined $500 with the alternative of four weeks' imprisonment. The Attorney General complains the the sentence was wrong in principle and manifestly inadequate. The facts are simple.

2. In the evening of the 6th September, 1977 a young man knocked at the door of the respondent's house at San Ah Tsuen in the New Territories and asked the respondent for help. The young man was an illegal immigrant having swum from the mainland of China. He asked the respondent to contact his uncle who was living in Kowloon. The respondent contacted the uncle by telephone and was asked to go to his house for a discussion about the matter. An agreement was reached between the uncle and the respondent that the latter would be paid $1,000 for taking the illegal immigrant to his uncle. On the way to the uncle's house they were stopped and questioned by a police officer who immediately learnt what the true position was.

3. It has been said in this court many times before that this offence is one, except in the rarest of cases, deserving of an immediate custodial sentence. In the instant case the appellant must have known that what he was doing was illegal since he was born and brought up in the New Territories.

4. Sentences of imprisonment of six months and over for this offence have frequently been upheld by this Court. In the event, taking into consideration that this is an application for review and not an appeal, we substitute a sentence of two months' imprisonment for the sentence imposed by the magistrate. If the fine which was imposed by the magistrate has been paid it must be refunded to the respondent.

Representation:

Chancy for the Crown/Applicant.

Respondent in person.