HKSAR v. LAM KWAN

HKSAR v. LAM KWAN

Although the original sentences were proper, the court exercised its discretion on humanitarian grounds and reduced the 15 month sentence for possession of a forged identity card to 9 months, with the one month sentence to run concurrently.

Citation
HKSAR v. LAM KWAN
Parties
Respondent: HKSAR; Appellant: LAM KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 January 1999
Case Number
HCMA1139/1998
Procedural Posture
Criminal Appeal (magistracy Appeal) / Appeal Against Sentence Judgment
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Forgery, Identity Card Offences, Breach of Condition of Stay, Sentencing, Humanitarian Grounds
Source Language
EN
Criminal Law Immigration Law Forgery Identity Card Offences Breach of Condition of Stay Sentencing Humanitarian Grounds

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Parties

HKSAR

Respondent

LAM KWAN

Appellant

Procedural Posture

Criminal Appeal (magistracy Appeal) / Appeal Against Sentence Judgment

Legal Issues

  1. 1 Whether the imposed sentences were appropriate
  2. 2 Whether the sentence should be reduced on humanitarian grounds because the appellant's mother is terminally ill

Ratio Decidendi

Although the original sentences were proper, the court exercised its discretion on humanitarian grounds and reduced the 15 month sentence for possession of a forged identity card to 9 months, with the one month sentence to run concurrently.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Reduce 15 months imprisonment (possession of a forged identity card) to 9 months imprisonment
  • One month imprisonment (breach of condition of stay) to remain and to be served concurrently with the reduced sentence