KAN WAI-CHUN v. THE QUEEN
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CACC000475/1978
| IN THE COURT OF APPEAL | |
| on appeal from the High Court | |
| 1978 No. 475 | |
| (Criminal) |
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| BETWEEN | ||
| KAN Wai-chun | Appellant | |
| and | ||
| THE QUEEN | Respondent |
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Coram: Pickering, Ag. C.J., McMullin and Leonard, JJ.
Date of Judgment: 24th August, 1978.
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JUDGMENT
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Pickering, Ag. C.J.:
1. This appeal is against a sentence of four months' imprisonment imposed after the appellant's conviction for possession of a forged document contrary to section 76(3) of the Crimes Ordinance (Cap. 200). The document in question was a forged Hong Kong Identity Card discovered in a drawer in the appellant's bedroom.
2. The appellant, who has been on bail since her conviction, is a young woman of 23 who came to Hong Kong from Taiwan alone as an illegal immigrant in order to see her mother. This was approximately three years before the discovery of her offence. She remained in Hong Kong as an illegal immigrant and obtained employment with various travel agencies forming an emotional attachment with the proprietor of the latest of such agencies by which she was employed.
3. It was this man who offered to obtain an identity card for her and, whatever may have been the personal relationship between them, he was not above charging her $1,200 for the service. The learned judge felt that the nature of the offence was such as to call for an immediate custodial sentence. This Court has had the benefit of information which was not available to the learned judge which is, that since the date of her sentence she has received permission to stay in Hong Kong and upon application in the normal way, will be given an identity card. This suggests that the Immigration Authorities take a lenient view of her possession - though no one could take a lenient view of the actual forgery which however, was not perpetrated by the appellant - and we feel that had this attitude been known to the learned judge at the time of her conviction he might well have been disposed to pass a suspended sentence.
4. Having regard to these matters, to the appellant's age and clear record we allow the appeal, set aside the sentence of four months' imprisonment and substitute a sentence of the same term suspended for twelve months.
Representation:
Miss E. Toh (John Ip & Co.) for appellant.
C.M. Hindle for Crown/respondent.