The Queen v. Tsang Kwai Leung

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1211 OF 1992

--------------------

BETWEEN

--------------------

Coram : Hon. Jones J. in Court

Date of hearing : 7th May 1993

Date of delivery of judgment : 7th May 1993

------------------------

J U D G M E N T

------------------------

1. The appellant pleaded guilty on the 26th October 1992 to remaining in Hong Kong illegally and was sentenced to 15 months imprisonment. He has therefore served over 6 months of this term.

2. On the 24th December 1992, the magistrate granted leave to appeal out of time against sentence for humanitarian reasons that were not before him at the date of sentencing. Those reasons for which medical evidence has been placed before me relate to the appellant’s wife who is suffering from schizophrenia and is receiving hospital treatment in China. This has resulted in the appellant’s mother who is aged 80 having to take care of the 5 children of the family, the eldest being 13 years of age and the youngest 2.

3. Mr Lee, counsel for the appellant, referred me to R v Chu Yuk Hang & Ng Tim Cheung, Mag. App. No.1226/1990 where sentences were reduced by Barnes J. on humanitarian grounds. In fact, this week, on the 4th May, I reduced sentences on humanitarian grounds in two similar cases R v Tin Fei Mag. App. No.1168/1992 and R v Ng Chau Mui Mag. App. No.145/1993. In the circumstances of this case, I shall allow the appeal so as to enable the appellant to be released today.

Mr Philip Ross, Crown Counsel, for Respondent.

Mr Lambert Lee, assigned by D.L.A., for Appellant.