The Queen v. Yu Kwok Sing

Read the full judgment text of HCMA 1490/1990 on BabelCite. This High Court CFI judgment was delivered on 16 May 1991.

1. The appellant pleaded guilty to remaining in Hong Kong without the authority of the Director of Immigration and was sentenced to 15 months imprisonment.

Case No.HCMA 1490/1990
Court
High Court CFI
Date16 May 1991
Judge
Case Document
100%Judiciary

HCMA001490/1990

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1490 of 1990

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BETWEEN

THE QUEEN Respondent
AND
Yu Kwok-sing Appellant

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Coram: Hon. Bewley, J. in Court

Date of hearing: 16 May 1991

Date of delivery of judgment: 16 May 1991

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JUDGMENT

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1. The appellant pleaded guilty to remaining in Hong Kong without the authority of the Director of Immigration and was sentenced to 15 months imprisonment.

2. He was arrested in a construction site, was a first-time offender and had nothing significant to say in mitigation of sentence

3. Counsel has produced a certificate from Taishan County Haiyan Hospital which states that the appellant's mother is suffering from cancer of the nose and is in critical condition.

4. The appellant has served over eight months of his sentence. For humanitarian reasons I allow the appeal and reduce the sentence to such term as will allow his immediate release.

(E. de B. Bewley)
Judge of the High Court

Representation:

Mr Casewell, Crown Counsel, for Respondent

Mr Andrew Ma, assigned by D.L.A., for Appellant