HKSAR v. ZENG CUIPING
- Citation
- HKSAR v. ZENG CUIPING
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 14 February 2007
- Posture
- Criminal Appeal (magistracy Appeal) / Judgment on Appeal (court of First Instance)
- Case number
- HCMA72/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 14 February 2007
- Posture
- Criminal Appeal (magistracy Appeal) / Judgment on Appeal (court of First Instance)
- Case number
- HCMA72/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The magistrate's choice of a starting point of 18 months reduced by one third for a guilty plea to produce concurrent 12‑month sentences was within acceptable sentencing practice and not susceptible to appellate interference; the appeal is dismissed.
Court disposition
Appeal dismissed; sentences confirmed
Orders
- Appeal dismissed
- Sentences of 12 months imprisonment on each count confirmed
- Sentences to be served concurrently
02
Material facts
Parties
HKSAR
Respondent Counsel: Ms Janice Kwan, Government Counsel, Department of JusticeZENG Cuiping
Appellant Counsel: Appellant in personAmounts and remedies
- Starting Point Sentence Length: months 18
- Final Sentence Length After Reduction: months 12
03
Procedural history
Posture
Criminal Appeal (magistracy Appeal) / Judgment on Appeal (court of First Instance)
04
Questions and positions
Legal issues
- 01
Whether the sentence was excessive
- 02
Whether the magistrate should have ordered part of the sentence to run consecutively
- 03
Proper weight to be given to guilty plea and personal mitigation
Party arguments
- Applicant
- Appellant argued the sentence was excessive and sought further reduction based on family misfortunes and other personal mitigating circumstances.
- Respondent
- HKSAR submitted the sentences were appropriate and in accordance with current sentencing practice; there was no further mitigation warranting reduction; the magistrate retained discretion to order consecutive time but chose not to and that decision should not be interfered with.
05
Court’s reasoning
Legal principles
- 01
Immigration Ordinance, Cap.115 s.42
Use, possession and making false travel documents and false representations to immigration officers are offences under section 42 of the Immigration Ordinance
- 02
Sentencing practice/common law
Sentencing starts with an appropriate starting point and guilty pleas attract a reduction (one third in this case) in accordance with sentencing practice
- 03
Principles of appellate review and sentencing discretion
The sentencing court has discretion to order concurrent or consecutive sentences and appellate courts will not interfere absent demonstrable error
06
Ratio, limits and disposition
Ratio decidendi
The magistrate's choice of a starting point of 18 months reduced by one third for a guilty plea to produce concurrent 12‑month sentences was within acceptable sentencing practice and not susceptible to appellate interference; the appeal is dismissed.
Obiter and limits
- The magistrate could have viewed the commission of the third offence as an aggravating feature and ordered part of that sentence to be consecutive but chose not to do so.
- The family misfortunes occurred before the appellant came to Hong Kong and did not justify further reduction.
Court disposition
Appeal dismissed; sentences confirmed
- Appeal dismissed
- Sentences of 12 months imprisonment on each count confirmed
- Sentences to be served concurrently
Source and reliance status
Court of First Instance · 14 February 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 14 February 2007
bjbj HCMA 72/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 72 OF 2007 ____
HKSAR and ZENG Cuiping ____ Before: Hon Wright, J., in Court Date of Hearing: 14 February 2007 Date of Judgment: 14 February 2007 ___
JUDGMENT ___ The appellant appeals concurrent sentences, on pleas of guilty, of 12 months imprisonment for using a false travel document contrary to s. 42(2)(b) of the Immigration Ordinance, Cap. 115, making a false representation to immigration assistant contrary to s. 42(1)(a) of the same Ordinance and possession of a false travel document contrary to s. 42(2)(c)(i) of the same Ordinance The first two offences arose when the appellant used a false two-way Chinese permit to enter Hong Kong on 15 October 2006: the permit bore her photograph but the personal particulars of another. The third charge arose when she was stopped on entry to Hong Kong on 2 December 2006 and the false travel document previously used was found in her possession. She admitted to the offences committed on the earlier occasion when questioned. The appellant pleaded guilty to each of the charges. The magistrate took a starting point of 18 months imprisonment which he reduced by one third for the plea. The family misfortunes which the appellant relates today, if true, occurred before she came to Hong Kong. There were no further mitigating features personal to the appellant or the circumstances of the commission of the offence which justify a further reduction in sentence. The sentence is in accordance with current sentencing practice in respect of the individual offences. However, the Magistrate
would have been justified in viewing the commission of the third offence as an aggravating feature and ordering that a portion of that sentence be served consecutively to the sentences on the first two charges. He decided not to do so. I do not propose to interfere with the appellant s good fortune. The appeal is dismissed and the sentences are confirmed, as is the order that they all be served concurrently with one another. (A R WRIGHT) Judge of the Court of First Instance High Court Ms Janice Kwan, Government Counsel of the Department of Justice, for the HKSAR Appellant in person.
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