HKSAR v. Aamir Shafique

HCMA627/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.627 OF 2005

(ON APPEAL FROM TMCC1295 OF 2005)

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BETWEEN

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Before : Hon McMahon J in Court

Date of Hearing : 31 August 2005

Date of Judgment : 31 August 2005

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J U D G M E N T

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1.This is an appeal against sentence only.

2.On 23 May 2005, the appellant was convicted on his own guilty plea at Tuen Mun Magistracy of an offence of possessing an identity card belonging to another, contrary to section 7A(1A) of the Registration of Persons Ordinance, Cap.171 (the 1^st Charge), and breaching a condition of stay, contrary to section 41 of the Immigration Ordinance, Cap.115, (the 3^rd Charge).  He was sentenced to 15 months’ imprisonment on the 1^st charged offence and two months’ imprisonment to the 3^rd charged offence.  The sentences were ordered to run concurrently.  That resulted in a total of 15 months’ imprisonment.

3.The facts of the case were that the appellant was stopped by police for an identity check on 30 April 2005 in Yuen Long.  He produced the identity card, the subject of the 1^st charged offence.  It was found to be invalid when a check was made through the police console.  The appellant said he had found it on a bus.  The appellant was found to have entered Hong Kong legally on 12 July 2003 and had been permitted to stay for 14 days.  He had accordingly overstayed some 21 months.  

4.His ground of appeal had initially been that his sentence was too severe.  But before me the appellant made no complaint about the sentences imposed upon him, not could he; he had been found in possession also of a Construction Industry Safety Training Certificate in the name of the person whose identity card he had possessed.  

5.Instead, the appellant tells me his mother is sick in Pakistan and he simply wishes to return there as soon as possible.  That cannot be done.  The illness of a relative, even a serious illness to a close relative, is rarely a reason to commute a sentence of imprisonment. 

6.In the circumstances of this case, the appellant has, in any event, his father, his brothers and sisters still resident in Pakistan and presumably in a position to help look after his mother.

7.The appeal against sentence is dismissed.

Ms Olivia Tsang, GC of the Department of Justice, for the Respondent

Appellant in person