R. v. RAJA MUHAMMAD IQBAL KHAN

HCMA000395/1995

IN THE HIGH COURT

1995, No. 395
Magistracy Appeal

___________

 

BETWEEN
	THE QUEEN
	AND
	RAJA MUHAMMAD IQBAL KHAN

___________

 

Coram: Hon Litton, V.P. sitting as an additional High Court Judge

Date of hearing: 9 June 1995

Date of judgment: 9 June 1995

_________________

J U D G M E N T

_________________

 

Litton, V.-P.:

1. This is an appeal against sentence. The appellant was convicted by Mrs Judianna Barnes at the Kwun Tong Magistracy on two charges: one of possession of an identity card replacement form issued under the Immigration Ordinance which related to another person and the other charge was breach of a condition of stay contrary to section 41 of the Immigration Ordinance.

2. The facts very briefly were that on 5 March this year the appellant was stopped by the police. When asked to disclose his identity he produced the form which constituted the offence in the first charge. And when further inquiries were made it was discovered that he had entered Hong Kong and had been permitted to remain until 2 January 1994 after which his stay was unlawful.

3. The magistrate imposed sentences of three months' imprisonment consecutively making a total of six months. The magistrate had taken into account all relevant circumstances. The sentences are not manifestly excessive. The appeal is dismissed.

Representation:

Mr Wesley W.C. Wong (Crown Prosecutor) for Respondent/Crown

Appellant in person

	(Henry Litton)
	Vice President