HKSAR v. HE LIHUA

HKSAR v. HE LIHUA

In light of the Court of Appeal decision in HKSAR v Lee Chang Lee [2004] HCMA935, a 15 month sentence is required for use of a forged identity card in circumstances involving working absent exceptional humanitarian grounds; the appellant failed to establish such grounds and the appeal against sentence is therefore dismissed.

Citation
HKSAR v. HE LIHUA
Parties
Respondent: HKSAR; Appellant: HE LIHUA
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2005
Case Number
HCMA251/2005
Procedural Posture
Magistracy Appeal (criminal) / Judgment on Appeal (sentencing)
Outcome
Appeal dismissed
Legal Topics
Forgery, Use of Forged Identity Document, Illegal Employment, Breach of Condition of Stay, Sentencing Guidelines, Precedent
Source Language
EN
Criminal Law Immigration Law Sentencing Forgery Use of Forged Identity Document Illegal Employment Breach of Condition of Stay Sentencing Guidelines +1 more

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Parties

HKSAR

Respondent

HE LIHUA

Appellant

Procedural Posture

Magistracy Appeal (criminal) / Judgment on Appeal (sentencing)

Legal Issues

  1. 1 Whether a 15 month sentence is appropriate for using a forged identity card while working and for breach of condition of stay
  2. 2 Whether exceptional humanitarian grounds exist to justify a lesser sentence
  3. 3 Application and effect of precedent HKSAR v Lee Chang Lee [2004] HCMA935

Ratio Decidendi

In light of the Court of Appeal decision in HKSAR v Lee Chang Lee [2004] HCMA935, a 15 month sentence is required for use of a forged identity card in circumstances involving working absent exceptional humanitarian grounds; the appellant failed to establish such grounds and the appeal against sentence is therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeals against sentence dismissed.
  • Original sentences of 15 months and 2 months to run concurrently upheld.