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Magistracy Appeal1995

R. v. WONG LAI

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16533-EN-1996-01-24

R. v. WONG LAI

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HCMA000934/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL No.934 of 1995

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BETWEEN
THE QUEENRespondent
AND
WONG LAIAppellant

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Coram : Hon Duffy, J. in Court

Dates of hearing : 12 and 19 January 1996

Date of handing down judgment : 24 January 1996

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J U D G M E N T

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1. This was an appeal against a conviction for having made or caused to be made in a document furnished to an Immigration Officer a statement which the appellant knew to be false. The single point on the appeal was that the charge itself was defective in that it failed to include the words "pursuant to the Immigration Ordinance or the requirement made thereunder". This aspect of the offence was therefore never considered by the learned Magistrate. The Crown conceded the appeal on this point. I therefore allowed the appeal.

2. However, as this is an important and serious matter, I ordered a retrial.

Representation:

Ms M.A. Crabtree, D.P.C.C., for Crown

Mr Jerome Matthews (Paul Kwong & Co.) for Appellant

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