The Queen v. Chan Ming

CACC000353/1983

[Proper sentence for possession of forged identity card.]

BETWEEN:

Coram: Roberts, C J.

Date: 6th May; 1983

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JUDGMENT

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1. This is an appeal by Chan Ming against a sentence of 15 months' imprisonment imposed on him by Mr. Paul Corfe at South Kowloon Magistracy for possession of a forged Hong Kong Identity Card.

2. The appellant, who is 21 years of age, entered Hong Kong from China about two years' ago. He was stopped by police officers in the early hours of the morning in Tsim Sha Tsui on the 5th March of this year. When asked to do so by them, he produced an identity card.   It was in the name of 'LI Kam-wa'. On subsequent examination, it was found that the card was a forgery in that, although the card itself was a genuine one, the original photograph had been taken out and a photograph of the appellant substituted.

3. The appellant pleaded guilty to this offence, and also to theft of a Hang Seng Bank card. He was sentenced to 15 months' imprisonment for possession of the forged identity card and one month's imprisonment for the theft, the sentences to run consecutively. When imposing sentence, the magistrate referred to Criminal Appeal 934 of 1981, in which the Court of Appeal, on the 4th January 1982, approved four sentences of imprisonment, each of 15 months, for the offence of possession of forged identity cards.

4. In the course of his judgment, Sir Alan Huggins, the Vice-President, observed that the deterrent effect of a sentence of imprisonment in such a case must be of importance and went on to comment as follows -

"Once it becomes apparent, to those who are contemplating unlawful immigration into Hong Kong, that the obtaining of forged identity papers will be severely punished, we think that the effect will inevitably be to make people think again before coming to Hong Kong."

5. It does not appear, unfortunately, as if the practice of obtaining forged identity cards has ceased. Prosecutions for this offence continue to come before the magistrates in substantial numbers. I am informed that, since October 1980, there have been 1,650 convictions for possession of forged identity cards. In all but a handful of cases where there were special humanitarian considerations, the courts have imposed sentences of immediate imprisonment.

6. Early in 1982, as I have said, the Court of Appeal approved sentences of 15 months' imprisonment as appropriate for this offence. That is the sentence which was imposed in this case and there are no special circumstances which would justify the magistrate in departing from that normal sentence.

7. In case any magistrate may be uncertain as to whether deterrent sentences of this nature should still be imposed, I should remind him that, until the Court of Appeal sees fit to change the guidance which it issued in Criminal Appeal 934/81, the proper sentence for this offence is one of immediate imprisonment for about 15 months. It is only in exceptional cases, where there are strong humanitarian considerations, that a suspended sentence of imprisonment or, indeed, any other punishment, should be imposed for it.

8. The appeal against sentence is dismissed.

Representation:

G.W. Alderdice, D.P.C.C., for Respondent

Appellant in person.