Wong Kwai-fan v. The Queen

CACC000123/1982

BETWEEN

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Coram: Sir Alan Huggins, V.-P., Yang & Barker, JJ.A.

Date: 12 May 1982

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JUDGMENT

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Sir Alan Huggins, V.-P. :

1. This is an application for leave to appeal against a sentence of 6 years' imprisonment for conspiracy to forge documents and to utter forged documents. The police arrested two men in connection with the existence, in two sets of premises, of a very large quantity of forging equipment which shoved clearly that there was a big operation in the production of forged driving licences and identity cards. These forged documents constitute as the learned judge rightly said a grave menace to Hong Kong at the present time. Nevertheless we think that the learned judge in passing a sentence of six years' imprisonment in respect of a plea of guilty to this offence must have regarded this Applicant as taking a greater part in the operation than the facts put before him really justify. We do not accept that the judge found him to be "a chief conspirator and beneficiary'' : nevertheless it does appear from the record that the Applicant received $200 a night for his part in what was done : that was alleged and it was not denied. The operation made a net profit in the region of $200,000 but it is clear that neither this Applicant nor the other defendant who was tried with him was in receipt of the major part of that profit.

2. The 2nd Defendant was sentenced to 4 years' imprisonment. He was a younger man but he asked for 16 previous offences of obtaining by deception to be taken into consideration.

3. It is said that the judge did not consider that the Applicant co-operated with the police. He did co-operate to the extent that he obtained keys to the second premises, but that would not have assisted the police very much, because they could easily have broken into those premises.

4. In all the circumstances we have come to the conclusion that a sentence of 4 years' imprisonment would have been appropriate. We grant leave to appeal, allow the appeal and substitute that sentence accordingly.

12th May 1982.