The Queen v. Chan Hung

Read the full judgment text of HCMA 1063/1995 on BabelCite. This High Court CFI judgment was delivered on 15 February 1996.

1. This was an appeal against a sentence of 18 months imposed for possession of a forged Hong Kong identity card and for remaining in Hong Kong without the authority of the Director of Immigration. These were perfectly proper sentences, particularly as the appellant had two previous convictions for similar offences. However, Mr Wilson Chan, who appeared on the appeal, submitted that there were strong humanitarian considerations in this case. Documentation of a persuasive nature was produced rega

Case No.HCMA 1063/1995
Court
High Court CFI
Date15 Feb 1996
Judge
Case Document
100%Judiciary

HCMA001063/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.1063 of 1995

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BETWEEN
THE QUEEN Respondent
AND
CHAN HUNG Appellant

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Coram : Hon Duffy, J. in Court

Date of Hearing : 8 February 1996

Date of handing down judgment : 15 February 1996

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J U D G M E N T

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1. This was an appeal against a sentence of 18 months imposed for possession of a forged Hong Kong identity card and for remaining in Hong Kong without the authority of the Director of Immigration. These were perfectly proper sentences, particularly as the appellant had two previous convictions for similar offences. However, Mr Wilson Chan, who appeared on the appeal, submitted that there were strong humanitarian considerations in this case. Documentation of a persuasive nature was produced regarding her father's illness and therefore on humanitarian grounds I allowed the appeal so that she could be released immediately.

Representation:

Mr Tam Yiu Ho, S.C.C., for Crown

Mr Wilson Chan, (D.L.A.), for Appellant

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(J.M. Duffy)
Judge of the High Court