HKSAR v. Zheng, Yanyun

HCMA983/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 983 OF 2007

(ON APPEAL FROM STCC 7045 OF 2007)

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BETWEEN

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Before : Deputy High Court Judge Line in Court

Date of Hearing : 29 November 2007

Date of Judgment : 29 November 2007

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J U D G M E N T

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1.This is an appeal against a sentence of 12 months' imprisonment following a plea of guilty to one charge for possession of a forged identity card which was found upon the person of the appellant when she entered Hong Kong in a spot-check, she then admitting that she had acquired it in the Mainland in order to seek a job in Hong Kong.  The sentence was in line with the guideline case of Li Chang Li. 

2.The appellant repeats to me what she said to the magistrate - basically, that she suffers ill health herself and that her mother is ill; that she is a divorced woman and that she wants to have some Chinese medicine which is not available to her there.  There is no life-threatening quality in the condition of the appellant or the appellant's mother and the hardship she speaks of are those that commonly attend imprisonment in circumstances like this and they do not amount to exceptional humanitarian grounds and the sentence of 12 months is the right sentence.  The appeal is dismissed. 

Representations:

Ms Olivia Tsang, Senior Government Counsel (Acting), of the Department of Justice, for the Respondent

Appellant:  Zheng, Yanyun (鄭燕雲), in person