THE QUEEN v. SAHADEV THAPA

HCMA001242/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1242 OF 1995

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BETWEEN
	THE QUEEN	Respondent
	AND
	SAHADEV THAPA	Appellant

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Coram : Hon Duffy, J. in Court

Date of hearing : 6 February 1996

Date of handing down judgment : 13 February 1996

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J U D G M E N T

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1. This was an appeal against a total sentence of 12 months' imprisonment imposed for breach of condition of stay and making a false representation to an immigration officer. Both offences attracted prison sentences of 12 months and the sentences were ordered to be served concurrently. The Magistrate also activated a suspended sentence and ordered that to be served consecutively to the other sentences, making a total of 18 months.

2. Mr Kwok, who appeared on the appeal, submitted that in accordance with the authority of R. v. Bhagwant Singh-padda MA1447 of 1988, a sentence for the use of false passports where it related to a person unconnected with Hong Kong or China, and was an isolated case, should attract a sentence of nine months. Mr Kwok further submitted that in cases dealing merely with the making of a false representation to an immigration officer, sentences in these cases were less than that, and usually in the range of six months. So far as the breach of condition of stay sentence was concerned, Mr Kwok submitted that this was manifestly excessive, and that in line with the authority in R. v. Pina Nadia M., a sentence of two to four months would have been more appropriate.

3. I agreed with the submissions, and therefore reduced the sentence for the offence of breach of condition of stay from 12 months to three months, and the sentence for making a false representation to an immigration officer from 12 months to six months, the sentences to be served consecutively, making a total of nine months.

4. In relation to the activated suspended sentence, Mr Kwok made the point that the breach of condition of stay related to the 2nd Charge, i.e. the making of false representation to an immigration officer in the present case. He submitted that had they been dealt with together, the sentences would have been ordered to be served concurrently as they related to the same facts. I agreed, and allowed the appeal to the further extent that the suspended sentence would not be activated.

Representation:

Mr F. Veltro, S.C.C., for Crown

Mr Eric Kwok (D.L.A.) for Appellant

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	(J.M. Duffy)
	Judge of the High Court