The Queen v. Wong Siu Chung
Read the full judgment text of HCMA 1599/1989 on BabelCite. This High Court CFI judgment was delivered on 15 March 1990.
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.
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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 |