HKSAR v. Cen Yu Ping
Read the full judgment text of HCMA 477/2006 on BabelCite. This High Court CFI judgment was delivered on 16 June 2006.
1. The Appellant was correctly sentenced to serve a period of 12 months imprisonment in respect of four offences, all concurrent, and all relating to immigration matters.
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HCMA 477/2006 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. HCMA 477 OF 2006 (ON APPEAL FROM ESCC 4672/2005) ____________ BETWEEN
____________ Before: Deputy High Court Judge Wright in Court Date of Hearing: 16 June 2006 Date of Judgment: 16 June 2006 _______________ J U D G M E N T _______________ 1.The Appellant was correctly sentenced to serve a period of 12 months imprisonment in respect of four offences, all concurrent, and all relating to immigration matters. 2.She applied to the magistrate for leave to appeal out of time on the basis that new mitigation had become available. He granted that application adding that had he been aware of the circumstances he would have allowed her immediate release. 3.The new evidence relates to the recent accidental death of her husband, who was caring for their children in the Mainland. The prosecution, quite properly, adopted a neutral stance in the matter today. 4.I allow the application to adduce new evidence and allow the appeal to the extent that the sentences are varied to permit her release today.
Ms Wong Kam-hing, SGC of Department of Justice, for the Respondent Mr Simon Yip, instructed by Messrs Or, Ng & Chan (DLA), for the Appellant |