The Queen v. Wong Siu Chung
|
HCMA001599/1989 Headnote Sentence - illegal immigrants - defendant a teenager - special considerations to be given. IN THE SUPREME COURT OF HONG KONG MAGISTRACY APPEAL NO.1599/89 ------------------ BETWEEN
------------------- Coram: Hon. Yang, C.J. Date of Hearing: 15 March 1990 Date of Judgment: 15 March 1990 ----------------- JUDGMENT ----------------- Hon. Yang, C.J.: 1. In this case the appellant was convicted on his own plea of using an identity card relating to another person. He was an illegal immigrant from China. For a young woman, 20 years of age, I reduced the sentence from 15 months to 12 months in a case earlier this morning where the offence was one of remaining in Hong Kong without authority. Here we have a boy of 17 years of age at the time of the offence. 2. My attention is drawn to the Attorney General v. Lam Ping-chun 1988 No. 10 Application for Review which awarded a sentence of 12 months after discount on a boy of 18. My sentence in the previous case, namely Magistracy Appeal No. 1591/89, was therefore too low. I think, however, that for defendants under 18 years of age, very special considerations should he given. I would accordingly allow the appeal and reduce the sentence to 9 months.
Representation: Mr. Steve Chui for Crown/Respondent Mr. Wong Siu-chung Appellant in person |