R. v. KUNG LING CHU

HCMA000808/1996

IN THE SUPREME COURT

1996, No. 808
Magistracy Appeal

BETWEEN
	THE QUEEN	Respondent
	AND
	KUNG LING CHU	Appellant

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Coram: Hon Mayo, J.A. in Court (sitting as an additional High Court Judge)

Date of hearing: 19 September 1996

Date of judgment: 19 September 1996

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J U D G M E N T

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Mayo, J.A.:

1. The appellant seeks leave to appeal out of time against the sentence of 12 months' imprisonment imposed upon her for remaining in Hong Kong without the permission of the Director of Immigration.

2. The reason she gives for not appearing within the prescribed period is that it was only after the period had expired that she realised that she was pregnant and that if she is not released early her baby will be born in Prison. The baby is due in January. This is confirmed by the Medical Report accompanying the papers. I regard this as a sufficient compassionate ground to enable me to reduce the sentence sufficiently so that the appellant can return to China before the baby is born. I therefore propose reducing the sentence from 12 months to 9 months which on my calculation and assuming that she receives the usual remission for good conduct will mean that she can be returned to China in time for the said birth. Leave is granted to proceed out of time and the appeal is allowed to this extent.

Representation:

Mr David Leung for Crown Prosecutor

Mr H.Y. Wong (DLA) for Appellant

	(Simon Mayo)
	sitting as an additional High Court Judge