HKSAR v. Huang Wan Qing and Another

Case No.HCMA 14/2009
Court
High Court CFI
Date19 Feb 2009
Judge
Case Document
100%

HCMA 14/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 14 OF 2009

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  HKSAR  
  and  
  HUANG Wan-qing 1st Appellant
  YANG Shu-mei 2nd Appellant

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Before: Hon Wright J in Court

Date of Hearing: 19 February 2009

Date of Judgment: 19 February 2009

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JUDGMENT

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1.The appellants were two of four accused charged with various offences under the Registration of Persons Ordinance, Cap. 177, and the Immigration Ordinance, Cap. 115, after they had been found working in a restaurant. Each pleaded guilty to the charges against her.

2.The 1st appellant was convicted of using a false identity card to obtain employment and of breaching her condition of stay by taking up that employment: she was sentenced to 15 months and 4 months imprisonment respectively, the sentences to be served concurrently.

3.The 2nd appellant was convicted of using a false identity card to obtain employment and of two charges of breaching her condition of stay, first, by taking up that employment and, secondly, by overstaying in Hong Kong by some 16 months: she was sentenced to 15 months, 4 months and 6 weeks imprisonment respectively, the sentences to be served concurrently.

4.The appellants repeated to me what they had said to the magistrate who afforded them the appropriate discount for their pleas. He found, correctly, that there was no further mitigation available to them. He sentenced them in accordance with current sentencing practice. There is no merit in the appeals, each of which is dismissed.

  (A R WRIGHT)
Judge of the Court of First Instance

Ms Grace Chan, SPP, the Department of Justice, for the HKSAR

Appellants in person