THE QUEEN v. TSE CHOI SHING

HCMA001048/1991

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY CRIMINAL APPEAL NO. 1048 OF 1991

--------------

BETWEEN

	THE QUEEN
	AND
	TSE CHOI SHING

-------------

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

Date of hearing: 23 April 1992

Date of delivery of judgment: 23 April 1992

 

------------------------

J U D G M E N T

------------------------

 

1. This is an appeal against sentence of 18 months' imprisonment passed for remaining in Hong Kong without the authority of the Director of Immigration. The appellant was found on board a vessel on the 29th September 1991 having illegally entered Hong Kong waters on the previous day.

2. The reason for the passing of the appellant being charged and for the sentence is that he has three previous convictions, two for unlawfully remaining in Hong Kong and one for uttering a forged identity card. He pleaded guilty to the offence, not at the first instance however, but only after on one appearance alleging that he did not have any previous convictions.

3. He has told me today that he came to Hong Kong in order to withdraw monies from a bank account in Yuen Long. Nothing about that was said to the magistrate and no bank documents were found on him when he was arrested.I do not believe him.

4. I am satisfied that the sentence passed was perfectly proper, if not lenient, and the appeal is dismissed.

 

 

	(R.G. Penlington)
	Justice of Appeal

Representation:

Appellant, Tse Choi Sing, in person

Paul Leung for Crown