The Queen v. Lee Wing Chun

HCMA000375/1991

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 375 OF 1991

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BETWEEN

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Coram: The Hon. Mr. Justice Barnes in Court

Date of Hearing: 23 July 1991

Date of Delivery of Judgment: 23 July 1991

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JUDGMENT

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1. The appellant pleaded guilty to the offence of remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully, and was sentenced to imprisonment for 15 months. He now appeals against that sentence, but his appeal is based on humanitarian grounds, his counsel conceding that the sentence was a proper one when it was passed.

2. Since the sentence was passed the appellants wife has been diagnosed as suffering from lung cancer,and it appears from the medical certificate from the hospital in China which she has been attending that her condition is serious. There are two young children of the family, aged 5 and 3.

3. This is a case where on humanitarian grounds I will allow the appeal, but in order to ensure that there is a deterrent to the appellants coming here unlawfully again I propose to quash the sentence and substitute therefor a sentence of imprisonment for 12 months which will be suspended for 18 months. I am imposing a sentence of .12 months because he has already been in custody for a little more than 4 months. The effect of my order will be that, if he does come back here again, he will have to serve the remaining part of the term originally imposed, in addition, of course, to the sentence imposed for returning unlawfully.

Representation:

Mr. J. McMaster, C.C. for Crown

Mr. Lambert Lee (D.L.A.) for Appellant: Lee Wing Chun