R. v. KWUN FUNG

HCMA000337/1996

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.337 OF 1996

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BETWEEN
	THE QUEEN	Respondent
	AND
	KWUN FUNG	Appellant

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Coram : Hon Patrick Chan, J. in Court

Date of hearing : 11 July 1996

Date of judgment : 11 July 1996

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J U D G M E N T

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1. The appellant pleaded guilty to using a forged identity card, possession of a forged identity card and illegally remaining in Hong Kong. She was sentenced to 15 months imprisonment on each count, all sentences to run concurrently.

2. It appears that on 13th February, a police officer patrolled in the Heng On Market and saw the appellant and another person working in a stall. She was asked to produce an identity card. She did produce one but it was found to be forged. She said that she bought the identity card for $500 in China and sneaked into Hong Kong on 1st February. She came to the stall on 12th February and making use of the forged identity card, obtained employment.

3. The appellant urged upon the Magistrate as she did before me that she has a big family in China. She has got four young children. The father-in-law and mother-in-law are old and sick and it so happens that her husband is also not in good health. She said that she owes people money and that is why she had to come to Hong Kong to earn a living.

4. I think it is quite clear that these reasons were very familiar to any court in Hong Kong. The usual tariff for this type of offences is 15 months imprisonment unless there are exceptional circumstances or other humanitarian grounds. These reasons, as set out by the appellant, do not, I am afraid, constitute humanitarian grounds. Much as I sympathise with people in the same category as the appellant, I am afraid that there is no reason why the learned Magistrate or I should depart from the usual tariff. Much as I want to give the appellant a chance, I do not think there is any valid or good reason for doing so. The appeal is dismissed.

Representation:

Mr Wesley Wong, Senior Crown Prosecutor, for Crown

Appellant Kwun Fung in person

	(Patrick Chan)
	Judge of the High Court