THE QUEEN v. MAK MUN-LIN

HCMA000979/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 979 OF 1995

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BETWEEN
	THE QUEEN	Respondent
	AND
	MAK MUN-LIN	Appellant

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Coram : Hon Duffy, J. in Court

Date of hearing : 15 December 1995

Date of handing down judgment : 20 December 1995

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J U D G M E N T

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1. This was an appeal against a sentence of 18 months imposed for using a forged Hong Kong identity card, possession of a forged Hong Kong identity card and remaining in Hong Kong without authority. For the first two offences, sentences of 18 months were passed and a 15 months sentence was passed on the third offence. All sentences were ordered to run concurrently. None of the sentences passed was outwith the normal range of sentences for offences of this nature and none were manifestly excessive.

2. However, it has been my experience in dealing with these appeals that sentences of 15 months are normally imposed for the offences of using a forged Hong Kong identity card and possession of a forged Hong Kong identity card. As an act of mercy, therefore, and to bring the sentences in line with the usual sentences imposed by magistrates for these offences, I reduced these sentences to 15 months and ordered that they all be served concurrently. The appeal is allowed to that extent.

Representation:

Mr Derek Pang, APCC (Ag), for Crown

Appellant in person

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