HKSAR v. MAK KIN YU
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HCMA000043/1999
HCMA43/99
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
(Appellate Jurisdiction)
MAGISTRACY APPEAL NO. 43 OF 1999
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| BETWEEN | ||
| HKSAR | Respondent | |
| AND | ||
| MAK KIN YU | Appellant |
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Coram : Hon Woo J. in Court
Date of hearing : 2 March 1999
Date of judgment : 2 March 1999
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J U D G M E N T
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1. The Appellant pleaded guilty to being possession of an identity card relating to another person, contrary to s.7A(1A) of the Registration of Persons Ordinance, Cap.177. She was sentenced to 15 months' imprisonment. She now appeals against that sentence.
2. In mitigation before the Magistrate, she told him that she had come to Hong Kong to look for work to earn money for medical expenses as her brother was ill. She tells me here that since incarceration, her mother, knowing it, had a coma and is now suffering from paralysis. Similar circumstances had been mentioned to the Magistrate. In sentencing the Appellant, the Magistrate had regard to her clear record and her plea of guilty. In his Reasons for Sentence, the Magistrate said :
"...While I have sympathy for her personal circumstances, they were no different than most persons who come from the Mainland looking for work, and accordingly did not provide a basis to depart for (sic) the usual sentences."
I agree with him. The Magistrate also referred to the case of R v Lau Chung-kwan [1987] HKLR 203 and he had regard to that case and the guidelines in it in passing the 15 months' imprisonment sentence.
3. I do not find that the Magistrate's approach was wrong or the sentence excessive. I therefore dismiss the appeal.
| (K.H. Woo) | |
| Judge of the Court of First Instance High Court |
Representation:
Mr William Lam, SGC of DPP, for HKSAR
Appellant in person, present