The Queen v. Cheung Tak Yee

HCMA000104/1991

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEALS

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BETWEEN

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Coram: The Hon. Mr. Justice Barnes in Court

Date of Hearing: 23 July 1991

Date of Delivery of Judgment: 23 July 1991

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JUDGMENT

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1. These four appeals have been dealt with together, because Mr. Lambert Lee of Counsel represents each appellant, and the appeal against sentence involves the same submission in each case. In each case the appellant was convicted of using an Identity Card belonging to another person, and remaining in Hong Kong without authority.

2. In each case the effective sentences imposed amounted to more than 15 months. Mr. Lee's submission is that that is wrong because such sentences are in conflict with the decisions in The Queen v. Wong Pik Yu M.A. No. 968/88, the Queen v. Ma Lung M.A. No. 1210/88, the Attorney General v. Lam Ping Chun Application for Review No. 10 of 1988, and the Queen v. Chung Siu Keung M.A. No. 1213/88.

3. Briefly, those decisions have laid down the principle that, where the production of the Identity Card is in the course of an application for employment, the offence is not the type which the Court of Appeal had in mind as an aggravating factor; that, according to the guidelines in So Man King, the sentences should be imprisonment for 15 months on each charge to be served concurrently.

4. In each of these cases, the appeal is allowed. The sentences imposed are quashed, and in lieu thereof sentences of 15 moths' imprisonment on each charge to be served concurrently will be imposed.

Representation:

Mr. J. McMaster, C.C. for Crown.

Mr. Lambert Lee (D.L.A.) for Appellants: Cheung Tak Yee, Ng Siu Hung, Ma Hau Sum and Au Shui Keung.