Hong Kong Judgment

Court of First Instance

HKSAR v. ZHENG, YANYUN

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Source document

01

Holding and result

The appeal is dismissed because the custodial sentence of 12 months was in line with the applicable guideline (Li Chang Li) and the appellant's and her mother's medical conditions did not amount to exceptional humanitarian grounds to justify reducing the sentence.

Court disposition

Appeal dismissed; original sentence of 12 months' imprisonment upheld.

Orders

  • Appeal dismissed.
  • Sentence of 12 months' imprisonment affirmed.

02

Material facts

Parties

Zheng, Yanyun

Appellant

The Government / Respondent

Respondent Counsel: Ms Olivia Tsang, Senior Government Counsel (Acting), Department of Justice

Amounts and remedies

  • Sentence Length: 12

03

Procedural history

  1. Posture

    Criminal Appeal Against Sentence / Judgment on Appeal (decision)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant submitted she suffers ill health, her mother is ill, she is divorced and sought Chinese medicine unavailable to her in the Mainland; these circumstances justify leniency.
Respondent
Respondent submitted the sentence followed the guideline case Li Chang Li; the appellant's and her mother's conditions are not life‑threatening and the hardships alleged are common to imprisonment and do not amount to exceptional humanitarian grounds; 12 months is the appropriate sentence.

05

Court’s reasoning

  1. 01

    Li Chang Li (guideline case)

    Sentencing should follow established guideline authorities where applicable.

  2. 02

    Deputy High Court judgment (this case)

    Personal or familial ill‑health must be exceptional (typically life‑threatening or extraordinary hardship) to constitute humanitarian grounds for reducing a custodial sentence.

06

Ratio, limits and disposition

Ratio decidendi

The appeal is dismissed because the custodial sentence of 12 months was in line with the applicable guideline (Li Chang Li) and the appellant's and her mother's medical conditions did not amount to exceptional humanitarian grounds to justify reducing the sentence.

Obiter and limits

  • Hardships commonly attendant on imprisonment do not amount to exceptional humanitarian grounds for mitigation

Court disposition

Appeal dismissed; original sentence of 12 months' imprisonment upheld.

  • Appeal dismissed.
  • Sentence of 12 months' imprisonment affirmed.

Source and reliance status

Court of First Instance · 29 November 2007

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Judgment text

The complete available source text.

Source document

Court of First Instance

Judgment· 29 November 2007

HKSAR v. ZHENG, YANYUN

bjbj pellant ___ Before: Deputy High Court Judge Line in Court Date of Hearing: 29 November 2007 Date of Judgment: 29 November 2007 ___

J U D G M E N T ___ 1. This is an appeal against a sentence of 12 months' imprisonment following a plea of guilty to one charge for possession of a forged identity card which was found upon the person of the appellant when she entered Hong Kong in a spot-check, she then admitting that she had acquired it in the Mainland in order to seek a job in Hong Kong. The sentence was in line with the guideline case of Li Chang Li.

2. The appellant repeats to me what she said to the magistrate - basically, that she suffers ill health herself and that her mother is ill; that she is a divorced woman and that she wants to have some Chinese medicine which is not available to her there. There is no life-threatening quality in the condition of the appellant or the appellant's mother and the hardship she speaks of are those that commonly attend imprisonment in circumstances like this and they do not amount to exceptional humanitarian grounds and the sentence of 12 months is the right sentence. The appeal is dismissed. (P Line) Deputy High Court Judge Representations: Ms Olivia Tsang, Senior Government Counsel (Acting), of the Department of Justice, for the Respondent Appellant: Zheng, Yanyun (

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Li Chang Li

Case cited

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