The Queen v. Wong Yi-ming

HCMA000753/1989

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BETWEEN

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Coram: de Basto, J.

Date of hearing: 10 August 1989

Date of judgment: 10 August 1989

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JUDGMENT

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1. This is an appeal against sentence of 15 months imprisonment on a charge of remaining in Hong Kong without authority by an appellant in person. He was originally charged with 2 offences, the first charge of remaining in Hong Kong without authority and a second charge of unlawful possession. He pleaded guilty to the first charge but not guilty to the second charge.

2. On the day in question, two police officers were on patrol when they saw the appellant who was holding a plastic bag. They suspected he was an illegal immigrant. He was stopped and asked for his identity card. The appellant admitted that he came to Hong Kong illegally. In the plastic bag was found a brand new female pullover with a label "Shipment Sample". He was then arrested and charged with the above offences.

3. When the appellant came up for trial, Mrs Jackson-Lipkin, who was briefed for the Prosecution, said she would offer no evidence on the second charge after the appellant had been sentenced on the first charge. The magistrate dismissed the second charge upon the Crown offering no evidence.

4. I am told by Crown Counsel that it is the policy of the Attorney-General's Chambers only to prosecute illegal immigrants who enter Hong Kong illegally for the first time when they are in a group of at least 3 unless the illegal immigrant has also committed another offence.

5. The appellant was not arrested in a group of 3 or more. When the Crown offered no evidence on the second charge, the Crown should have indicated that it would not proceed with the first charge. In the circumstances of this case, the appeal against, sentence must be upheld and the sentence of 15 months be set aside.

Representation:

Mr Steve CHUI, Crown Counsel for Crown.

Appellant in person.