HKSAR v. LI SHENG

HKSAR v. LI SHENG

The false date of birth is a material particular that goes to establish identity so the travel document was properly found to be false; there were no exceptional circumstances to justify reducing or suspending the sentences, therefore the convictions and concurrent 7 month sentences were upheld.

Citation
HKSAR v. LI SHENG
Parties
Appellant: Appellant; Respondent: Respondent (Prosecution)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 December 2005
Case Number
HCMA1019/2005
Procedural Posture
Criminal Immigration Offences / Appeal Against Conviction and Sentence (high Court)
Outcome
Appeal dismissed in full
Legal Topics
False Travel Document, Possession of False Instrument, Sentencing, Material Particular
Source Language
EN
Immigration Law Criminal Law False Travel Document Possession of False Instrument Sentencing Material Particular

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Appellant

Appellant

Respondent (Prosecution)

Respondent

Procedural Posture

Criminal Immigration Offences / Appeal Against Conviction and Sentence (high Court)

Legal Issues

  1. 1 Whether a false date of birth on a travel document is a material particular rendering the document false under the Immigration Ordinance
  2. 2 Whether the sentence of 7 months imprisonment was manifestly excessive or should be suspended given lack of intent to use the false document

Ratio Decidendi

The false date of birth is a material particular that goes to establish identity so the travel document was properly found to be false; there were no exceptional circumstances to justify reducing or suspending the sentences, therefore the convictions and concurrent 7 month sentences were upheld.

Court Disposition

Appeal dismissed in full

Orders

  • Appeal against conviction dismissed
  • Appeal against sentence dismissed