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Magistracy Appeal1996

THE QUEEN v. WONG LAI LANG

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29347-EN-1996-09-19

THE QUEEN v. WONG LAI LANG

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HCMA000991/1996

IN THE SUPREME COURT
 1996, No. 991
 Magistracy Appeal

BETWEEN  
 THE QUEENRespondent
 and 
 WONG LAI LANGAppellant

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

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

Date of hearing: 19 September 1996

Date of judgment: 19 September 1996

 

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

JUDGMENT

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

 

Mayo JA:

1. This is a most unfortunate case. The appellant was sentenced to 12 months' imprisonment for remaining in Hong Kong without the permission of the Director of Immigration. The application was made out of time for the appeal was lodged out of time.

2. In the grounds which were before me the only reasons given for the appeal being lodged out of time was the difficult family circumstances of the appellant.

3. Mr Dykes who represented her before me also referred to the fact that she had been unrepresented before the magistrate and had been confused as a result of what had happened to her. Notwithstanding a most eloquent plea from Mr Dykes I regret that insufficient reasons have been forthcoming to enable me to grant leave for the appeal to proceed. However sympathetically one views this case it is not possible to fault the learned magistrate in the sentence he imposed. And that being the case if I had been able to entertain the appeal I regret that it would have very little prospect of success. The application is dismissed.

 

 

 (Simon Mayo)
 sitting as an additional High Court Judge

 

Representation:

Mr David Leung for Crown Prosecutor

Mr Philip Dykes (Messrs Paul Kwong & Co.) for Appellant