HKSAR v. CHEUNG KIN FAI

HKSAR v. CHEUNG KIN FAI

Given the appellant's multiple prior convictions for unlawful remaining and the comparable authority, the magistrate's sentence of 15 months for using a forged identity card with a concurrent 3 months for breach of condition of stay fell within an appropriate range and the appeal against sentence was without merit, so it was dismissed.

Citation
HKSAR v. CHEUNG KIN FAI
Parties
Respondent: HKSAR; Appellant: Cheung Kin Fai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 August 1997
Case Number
HCMA660/1997
Procedural Posture
Magistracy Criminal Appeal / Appeal Against Sentence (hearing and Judgment)
Outcome
Appeal dismissed
Legal Topics
Forgery of Identity Document, Breach of Condition of Stay, Sentencing, Recidivism
Source Language
EN
Criminal Law Immigration Law Forgery of Identity Document Breach of Condition of Stay Sentencing Recidivism

Case Brief

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Parties

HKSAR

Respondent

Cheung Kin Fai

Appellant

Procedural Posture

Magistracy Criminal Appeal / Appeal Against Sentence (hearing and Judgment)

Legal Issues

  1. 1 Appropriateness of sentence for using a forged identity card
  2. 2 Whether sentence for breach of condition of stay should run concurrently or consecutively
  3. 3 Weight to be accorded to previous convictions for unlawful remaining

Ratio Decidendi

Given the appellant's multiple prior convictions for unlawful remaining and the comparable authority, the magistrate's sentence of 15 months for using a forged identity card with a concurrent 3 months for breach of condition of stay fell within an appropriate range and the appeal against sentence was without merit, so it was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Sentence of 15 months imprisonment for using a forged identity card to stand.
  • Sentence of 3 months imprisonment for breach of condition of stay to run concurrently with the 15 month sentence.