Tang Kwoon-sun v. The Queen

Case No.CACC 991/1978
Court
Court of Appeal
Date11 Nov 1978
Judge
Case Document
100%

CACC000991/1978

IN THE SUPREME COURT 1978 No. 991
  (Criminal)

BETWEEN:    
  TANG KWOON-SUN Appellant
  and  
  THE QUEEN Respondent

Coram: Briggs, C.J.

Date of Judgment: 11th November, 1978.

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

JUDGMENT

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

1. The appellant was found guilty of aiding and abetting an illegal immigrant in Hong Kong. He was sentenced to twelve months' imprisonment. He appeals against that sentence.

2. The appellant was approached by an illegal immigrant. He hid him and fed him and arranged to find his relative. The relative asked what tea money he should give to the appellant and after some bargaining, the appellant accepted$1,000.

3. This court has often said that for this offence, except in the rarest of cases, and immediate custodial sentence is proper. However, my attention was drawn to several cases and it appears that the courts will only impose a sentence of twelve months' imprisonment or more in very serious cases. See The Attorney General V. TSANG Sung(1).

4. In my view, this case is not a serious case and the appeal against sentence will be allowed to the extent that the sentence is reduced to six months' imprisonment.

  (Geoffrey Briggs)
  Chief Justice.

Representation:

Miss A. Eu (J.S.M.) for appellant

Gurney for crown

(1) (1977) H.K.L.R. 549.