The Queen v. Leung Fong

HCMA000702/1989

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BETWEEN

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Coram: de Easto, J.

Date of hearing: 25 July 1989

Date of judgment: 25 July 1989

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J U D G M E N T

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1. This is an appeal against sentence by the appellant who pleaded guilty to a charge of using an identity card relating to another person and was sentenced to 15 months’ imprisonment.

2. The appellant, who is 29 years of age, was stopped by police in Shek Wu Hui area. Upon demand for proof of identity, the appellant failed to produce any means of identification document and admitted that she came to Hong Kong illegally from China. Further enquiries revealed that the appellant had found an identity card in the name of NG Mei-mei somewhere in Yaumati in January this year after her illegal entry. She then obtained a job in the Chun Ka Mei Shop by using that identity card.

3. Mr Tang, counsel for the appellant, submitted that the appellant had come to Hong Kong illegally on 26th January 1989 intending to join her husband, a Hong Kong citizen, whom she had married in October, 1987 in Mainland China. Her husband had promised he would make an application for her to come to Hong Kong legally. He never did. The appellant gave birth to a daughter in or about February of last year. The appellant found it very difficult to support her mother-in-law aged 70 and her baby daughter. She decided to come to Hong Kong to look for her husband to ask him to fulfil his obligations both financial and moral. Having failed to locate her husband in Hong Kong, she decided to work here in order to save money for her family in China.

4. Mr Tang further submitted that if the appellant were to be detained for 15 months, her daughter, mother-in-law and her aged parents would be in grave financial difficulty. Mr Tang urged this court to find strong humanitarian considerations applied.

5. Many cases come before the courts in relation to illegal immigrants and many arouse the sympathy of the courts but I am quite unable to say that on the facts given me that the usual sentence of 15 months ought not to be imposed for humanitarian grounds. There must be many people with similar problems. The appeal against sentence is dismissed.

Representation:

Miss Catherine Fung, Crown Counsel for Crown.

Mr Dixon Tang assigned by D.L.A. for appellant.