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Magistracy Appeal1996

THE QUEEN v. CHEUNG KIN FAI

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36621-EN-1996-09-12

THE QUEEN v. CHEUNG KIN FAI

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HCMA000832/1996

IN THE SUPREME COURT
1996, No. 832
Magistracy Appeal

BETWEEN
THE QUEENRespondent
and
CHEUNG KIN FAIAppellant

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Coram: Hon Mayo JA in Court (sitting as an additional High Court Judge)

Date of hearing: 12 September 1996

Date of Judgment: 12 September 1996

 

-----------------

JUDGMENT

-----------------

 

Mayo JA:

1. The appellant appeals against the sentences of 18 months' imprisonment imposed upon him for being in possession of someone else's passport and being in Hong Kong without the permission of the Director of Immigration.

2. He has been convicted and served a sentence of imprisonment for similar offences in the recent past. Unfortunately it would appear that he has not learned his lesson. He refers to his difficult family circumstances. These include financial and health problems in connection with his relatives in China.

3. I regret that this is not a valid reason which would justify my interfering with the sentences imposed. They were neither excessive nor wrong in principle and the appeal is dismissed.

(Simon Mayo)
sitting as an additional High Court Judge

 

Representation:

Mr Leung Kit Wai for Crown Prosecutor

Cheung Kin Fai - Appellant in person/present