Read the full judgment text of HCMA 000804/1993 on BabelCite. This High Court CFI judgment was delivered on 24 February 1994 before Barnett J.
Criminal law – sentencing – possession of another's identity card contrary to s.7(1A) of the Registration of Persons Ordinance, Cap. 177 – combined with overstaying offence under s.41 of the Immigration Ordinance, Cap. 115 – Pakistani national who had lawfully entered Hong Kong but overstayed his permission – found in possession of identity card belonging to another Pakistani national which had been reported lost five months earlier – whether 15-month tariff sentence applies – whether distinction between illegal immigrant and overstayer is relevant – correct approach is to ask whether there is a link between the offender's immigration status and possession of the identity card – if card possessed to obtain employment or further unlawful stay, 15 months is not excessive; if no such link, the offences are unconnected and 3 months' imprisonment is appropriate – following R. v. Ghazanfar Iqbal Mag. App. No. 654 of 1993 and consistent with A.G. v. Lam Ping Chun (1989) 1 HKLR 161 – appeal allowed, sentence reduced from 15 months to 3 months – in future similar cases sentences may appropriately run consecutively subject to totality.
Legal issues: Appropriate sentence for s.7(1A) identity card offence when combined with an immigration offence
Outcome: Appeal allowed; the 15-month sentence for the identity card offence was set aside and substituted with 3 months' imprisonment, to run concurrently with the 2-month sentence for the overstaying offence.