Chan Keung v. The Queen

CACC000542/1976

Coram: Briggs, C.J.

Date of Judgment: 19th June, 1976.

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JUDGMENT

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1. The appellant pleaded guilty to being in possession of a false Hong Kong Certificate of Identity and was sentenced to a fine of $250. He appeals against his sentence.

2. In 1973, the appellant wished to travel to the United Kingdom. He applied for a Certificate of Identity and stated in his declaration that he was born in Toi Shan, China. Accordingly, a Certificate of Identity was issued to him with those particulars.

3. In November, 1975 the appellant applied for naturalization as a British Subject. On this occasion he stated that he was born in Hong Kong, which appears to be the truth. It will be noted that the appellant, when applying for a Certificate of Identity was not trying to get the benefit of the privilege of being born in Hong Kong. His parents came from Toi Shan and his two elder brothers were born there.

4. This can, in a sense, be said to be a stale offence and it is of its kind a trivial offence but one which may well have serious consequences if the appellant wishes to apply again for naturalization.

5. The appellant has an excellent work record. He is employed in the Taikoo Dockyard and has been so employed with the same employers for some thirty years. He also is a man of public spirit and has served the public both in the Auxiliary Police Force and the St. John's Ambulance Brigade.

6. Mr. Sedgwick, who appeared for the appellant, asked the court to allow the appeal to the extent that a conviction be not recorded.

7. In the circumstances of this case, particularly taking note of the excellent character the appellant bears, I think that justice would best be done if the sentence is varied so that the appellant is given an absolute discharge. The fine, if paid, must be returned to the appellant.

Representation:

Sedgwick (Tong & Ip) for appellant.

Miss Beeson for crown.