Read the full judgment text of HCMA 000786/1992 on BabelCite. This High Court CFI judgment was delivered on 1 December 1992 before Litton J.A..
Criminal law – immigration offences – sentence – leave to appeal out of time – pregnancy – exceptional circumstances – Magistrates Ordinance s.119(1)(d) – The three applicants pleaded guilty to using another person's identity card and remaining in Hong Kong without authority after unlawful landing – Sentenced to 15 months' imprisonment concurrently – Applicants applied for leave to appeal out of time on ground of pregnancy unknown to magistrate at sentencing – Court granted leave and allowed appeals – Held: Magistrate could not have foreseen pregnancy; if aware, would have exercised clemency to allow release for childbirth in China – Exceptional hardship if babies born in prison – Sentences set aside and applicants ordered released
Legal issues: Leave to appeal out of time
Outcome: Appeals against sentence allowed; sentences of 15 months' imprisonment set aside; applicants to be released from custody as soon as practicable.
Cited by 1 case