ATTORNEY GENERAL v. SUEN BUN SCHU

CAAR000007/1989

IN THE COURT OF APPEAL	1989, No. 7
	Application for Review

BETWEEN
	ATTORNEY GENERAL	Applicant
	AND
	SUEN BUN SCHU	Respondent

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Coram: Hon. Cons, V.-P., Clough, J.A. & Mortimer, J.

Date of hearing: 12 May 1989

Date of delivery of judgment: 12 May 1989

 

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J U D G N E N T

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Cons, V.-P. delivered the judgment of the Court:

1. This is an application for leave to review brought by the Attorney General with the leave of the Chief Justice given on the 2nd of this month.

2. It is really hardly necessary for us to give our reasons for allowing the review. In the court below the Magistrate, as part of the sentence for an offence contrary to Section 42(2)(b) of the Immigration Ordinance Cap. 115, imposed a fine of $30,000. The maximum fine for that offence on summary prosecution is one of $20,000. It follows that that part of the sentence was clearly not authorised by law and cannot be allowed to stand.

3. As the Magistrate has since indicated in his Reasons for Sentence, he would have imposed a fine of $20,000 had he realised that to be the maximum. In our view that would have been an appropriate figure in the circumstances. The Respondent is obviously a wealthy man and despite the suggestions made by Mr. Hoo on his behalf, we do not think a lesser figure is indicated.

4. For these reasons we allow the appeal and vary the sentence as far as the fine is concerned to one of $20,000; we leave the term of imprisonment untouched.

(D. Cons)	(P.G. Clough)	(J.B. Mortimer)
Vice-President	Justice of Appeal	Judge of the High Court

Representation:

Mr. G.J. Lugar-Mawson Crown Prosecutor for Applicant

Mr. Alan Hoo (M/s Tai He & Chan) for the Respondent