THE QUEEN v. TANG PING YIU
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HCMA000044/1991
IN THE SUPREME COURT OF HONG KONG
APPELLATE JURISDICTION
MAGISTRACY APPEAL NO. 44 OF 1991
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BETWEEN
| THE QUEEN | Respondent | |
| AND | ||
| TANG PING YIU | Appellant |
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Coram: The Hon. Mr. Justice Barnes in Court
Date of Hearing: 12 April 1991
Date of Delivery of Judgment: 12 April 1991
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JUDGMENT
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1. The appellant was convicted after trial in the Magistrates Court on a charge of using the identity card of another person. On conviction, he was sentenced to imprisonment for 14 months.
2. On his appeal against sentence he is relying on a humanitarian ground which was not put before the learned magistrate, because the ground was not known to the appellant at that time. There is now put before me a certificate purportedly under the seal of the Shipai Hospital in Dongguan City in Guangdong province in which it is said that Tang Yuk Chee, who is said to be the appellant's father and who is 66 years old, has been diagnosed as suffering from terminal liver cancer.
3. I am allowing his appeal, and so that he can be released from prison and go back to see his father. He was sentenced in November so he has already served a period of the sentence. What I propose to do is to quash that sentence and substitute another, the effect of which will be that he will be released but if he does return again he will still go to prison for the balance of the period he should have served for this offence.
4. I, therefore, allow the appeal, quash the sentence and substitute, therefore, a sentence of imprisonment for 8 months and I propose to suspend that sentence for 18 months.
(E.C. Barnes) |
Representation:
Mr. Forlin, C.C. for Crown
Mr. Frank Wong (D.C.A.) for Appellant: Tang Ping Yiu