HKSAR v. Luo, Binghua
Read the full judgment text of HCMA 240/2005 on BabelCite. This High Court CFI judgment.
1. The Appellant was convicted on his own plea of one charge of “Using a forged travel document”, contrary to section 42(2)(b) of the of the Immigration Ordinance, Cap. 115 (“1 st charge”); and one charge of “Making a false representation to an Immigration Assistant”, contrary to section 42(1)(a) of the said Immigration Ordinance (“2 nd charge”).
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HCMA 240/2005 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 240 OF 2005 (ON APPEAL FROM STCC 1849/2005) ____________ BETWEEN
____________ Before: Deputy High Court Judge Barnes in Court Date of Hearing: 3.6.2005 Date of Judgment: 3.6.2005 Date of Handing down Judgment: 6.6.2005 _______________ J U D G M E N T _______________ Background 1.The Appellant was convicted on his own plea of one charge of “Using a forged travel document”, contrary to section 42(2)(b) of the of the Immigration Ordinance, Cap. 115 (“1st charge”); and one charge of “Making a false representation to an Immigration Assistant”, contrary to section 42(1)(a) of the said Immigration Ordinance (“2nd charge”). 2.The Appellant was sentenced to 12 months imprisonment for the 1st charge and 8 months for the 2nd charge. The learned magistrate ordered both sentences to run concurrently, with a total sentence of 12 months. 3.The Appellant appealed against the sentence. After hearing submissions I dismissed the appeal. I gave brief oral reasons at the time and I now reduce my reasons in writing, with elaboration on the background. Admitted Facts 4.The facts disclosed that the Appellant arrived in Hong Kong via Kuala Lumpur and presented a Korean passport for arrival clearance. He also produced a Korean Identity Card to the Immigration staff. The Appellant was subjected to questioning. 5.Under caution, the Appellant admitted that all the personal particulars recorded on the said passport and identity card, save the photographs affixed, did not relate to him. He admitted he was a Mainlander and the said passport and identity card were arranged by a middleman for him to seek job in Europe. Grounds of Appeal 6.The only ground of appeal advanced by the Appellant was that he has met some fellow inmates in the prison who had received lighter sentences. Judgment 7.The fact that another person was sentenced by a different magistrate on a different occasion to a shorter sentence for similar offences (assuming for the moment that that was indeed a fact) is not, by itself, a ground of appeal against sentence. This court has no idea of the circumstances of the offences nor the mitigating factors, if any, advanced by those inmates. This court will only consider whether the sentences passed on the Appellant were proper: see R v Lam Mo-kwong, Cr. App. 175/1992. 8.The learned magistrate has carefully set out the reasons for imposing the sentences. He was fully aware of the fact that the Appellant was in transit. He made reference to relevant authorities and adopted a starting point of 18 months for the 1st charge and 12 months for the 2nd. He gave the Appellant the usual 1/3 discount. He then ordered both sentences to run concurrently. 9.The sentences imposed were neither wrong in principle nor manifestly excessive. The appeal is therefore dismissed.
Ms. Mary SIN Pui Ha, Senior Assistant Director of Public Prosecution of Department of Justice for the Respondent Appellant in person |