HKSAR v. Vanessa R. Garcia

HCMA000161/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 161 OF 1998

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Coram: The Hon. Mr. Justice Hartmann in Court

Date of Hearing: 24 April 1998

Date of Judgment: 24 April 1998

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J U D G M E N T

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1. The Appellant in this matter was convicted on her own plea of the single offence of possession of a forged identity card contrary to section 7(a)(i) of the Registration of Persons Ordinance (Cap. 177).

2. The Magistrate sentenced her to a period of five months' imprisonment. At the time of sentencing, the Appellant was still under a period of suspended sentence for breach of condition of her residence in Hong Kong. In this regard, on 11th of May 1995, she had been sentenced to nine months' imprisonment suspended for three years. The Magistrate was of the opinion that this suspended sentence should be activated in part and ordered that five months of the sentence should run consecutively with the sentence of five months already imposed for possession of a forged identity card. In the result, the Appellant was sentenced to ten months' imprisonment.

3. The facts of the matter are simple. Police intercepted the Appellant with a female companion and asked for proof of her identity. Initially, the Appellant was unable to produce that proof. However, while waiting to be taken to the police station, she unexpectedly produced a document which purported to be a Hong Kong identity card in the name of a female with a Filipino name. This was a forged card. It consisted of a photostat copy of some other woman's identity card with the Appellant's photograph attached to it, the document thereafter being laminated. Under caution, the Appellant accepted that she had stolen a relative's identification card and had then produced the forgery.

4. In her appeal, the Appellant has effectively thrown herself on the mercy of the court. He has said she has a daughter who is in the Philippines and is not well; she has responsibility for her family in the Philippines and without her help her family are in dire circumstances. The Magistrate was made aware of the various matters of mitigation, although he does not appear to have spoken of a sick child.

5. In my judgment, the Magistrate was, if anything, generous in the discount which he granted. He noted that existing sentencing guidelines enabled him to imprison Appellant for the forged identification document for up to 15 months. However, he took into account the fact that the identity card was an amateurish product and took a starting point of six months. When considering activating the suspended sentence, he found it proper to reduce that sentence by four months. In short, the Magistrate did everything that he could to assist this Appellant. What must not be forgotten is that, even though this identification card was amateurish, it nevertheless involved a systematic process of manufacture which first involved the stealing of somebody else's card.

6. I appreciate that many persons who come to Hong Kong to obtain work here do so because they are under pressure to support disadvantaged families at home. However, Hong Kong is a crowded city; its social and its physical infrastructure are constantly under pressure - sentences passed by the courts must therefore express the gravity of breaching those important laws which regulate the right to remain and work here and enjoy the many benefits Hong Kong has to offer.

7. In the circumstances, notwithstanding any personal sympathy I may have for this Appellant, I find nothing wrong in principle in the sentence passed nor can it be said to be manifestly excessive. The appeal dismissed.

Representation:

Mr. Tam Sze-lok, S.G.C. for Director of Public Prosecutions.

Vanessa R. Garica, Appellant, in person.