THE QUEEN v. CHOW CHOR-NAM

HCMA000847/1985

IN THE SUPREME COURT OF HONG KONG

Magistracy Appeal No. 847 of 1985

BETWEEN

THE QUEEN   and   CHOW CHOR-NAM

 

Coram: Hon. Kempster, J.A. (sitting as an additional High Court Judge)

Date of Hearing: 8th October 1985

Date of Judgment: 8th October 1985

 

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JUDGMENT

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1. On 31st August Mr. CHOW Chor-nam pleaded guilty to aiding and abetting the remaining in the Colony of an illegal immigrant and was sentenced to three months imprisonment. The Magistrate took into account the fact that Mr. Chow had no relevant previous convictions. He also took into account the fact that the illegal immigrant was a clansman and therefore relative of the appellant and that the appellant had given him food, clothing and shelter for some six weeks in return for the immigrant's work in his canteen or food stall.

 

2. Having regard to the assistance I have been given by Mr. Abbott, who appeared for the Crown, as to the approach of the courts to offences of this nature I feel able, without in any way criticising the way the Magistrate exercised his discretion, to allow the appeal insofar ad the sentence of imprisonment will be reduced to one which will allow Mr. Chow's immediate release.

 

 

 

 

	(M. Kempster)
	Justice of Appeal

 

 

Representation:

Appellant in person

Mr. J. Abbott for D.P.P.