R. v. Mui Man Chiu

HCMA001160/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1160 OF 1996

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Coram : Hon Sears, J. in Court

Date of hearing : 29 November 1996

Date of judgment : 29 November 1996

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J U D G M E N T

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1. This is an appeal from Mr Wright at the Eastern Magistracy. The appellant pleaded guilty to a single charge of possession of a false travel document. He had been apprehended as he sought to use it to leave Hong Kong to fly to the United States. He said he had purchased it for some $15,000. He pleaded guilty at the earliest opportunity.

2. The magistrate referred to the decision of Bewley, J. in R. v. Bhagwant Singh-Padda Mag. App. No.1447 of 1988, where he reviewed a number of authorities. A more recent decision of Bewley, J. was R. v. Tong Hung Hong, Mag. App. 891 of 1990, where the Judge said that the proper starting point was one of 18 months. In that case the magistrate had not given any discount for the plea.

3. In my judgment, the proper starting point for this type of offence is indeed 18 months. There may be mitigating factors or there may be other factors which increase or decrease the 18 months. I can see nothing in this case which alters the 18 months. However he pleaded guilty and he does not appear to have been given any discount by the magistrate at all. It must be known that people are encouraged to plead guilty, it saves enormous amount of time; it releases pressure on the court and it saves considerable public expense. It may also be a recognition of remorse. A proper discount should be given here. The sentence is reduced from one of 18 months to one of 12 months imprisonment.

Representation:

Miss Bianca Cheng, C.C., for Crown/Respondent

Mr Lambert Lee, assigned by D.L.A., for Appellant