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Magistracy Appeal1990

THE QUEEN v. YU KWOK SING

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35033-EN-1991-05-16

THE QUEEN v. YU KWOK SING

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HCMA001490/1990

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1490 of 1990

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BETWEEN

THE QUEENRespondent
AND
Yu Kwok-singAppellant

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Coram: Hon. Bewley, J. in Court

Date of hearing: 16 May 1991

Date of delivery of judgment: 16 May 1991

 

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JUDGMENT

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1. The appellant pleaded guilty to remaining in Hong Kong without the authority of the Director of Immigration and was sentenced to 15 months imprisonment.

2. He was arrested in a construction site, was a first-time offender and had nothing significant to say in mitigation of sentence

3. Counsel has produced a certificate from Taishan County Haiyan Hospital which states that the appellant's mother is suffering from cancer of the nose and is in critical condition.

4. The appellant has served over eight months of his sentence. For humanitarian reasons I allow the appeal and reduce the sentence to such term as will allow his immediate release.

(E. de B. Bewley)
Judge of the High Court

Representation:

Mr Casewell, Crown Counsel, for Respondent

Mr Andrew Ma, assigned by D.L.A., for Appellant