HKSAR v.LO SIU CHING

HKSAR v.LO SIU CHING

Where a forged travel document has not been used to obtain additional benefits and no other aggravating circumstances exist, sentences for possession of the forged document and for unlawful remaining should run concurrently; the Magistrate's direction for consecutive sentences was incorrect in the present facts and will be set aside.

Citation
HKSAR v.LO SIU CHING
Parties
Respondent: HKSAR; Appellant: LO SIU CHING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2002
Case Number
HCMA1131/2001
Procedural Posture
Magistracy Appeal / Appeal Judgment (court of First Instance)
Outcome
Appeal allowed in part; sentence ordering set aside and sentences ordered to run concurrently.
Legal Topics
Possession of False Travel Document, Remaining in Hong Kong Without Authority, Use of Forged Identity Documents, Concurrent Vs Consecutive Sentencing
Source Language
EN
Immigration Law Criminal Law Sentencing Possession of False Travel Document Remaining in Hong Kong Without Authority Use of Forged Identity Documents Concurrent Vs Consecutive Sentencing

Case Brief

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Parties

HKSAR

Respondent

LO SIU CHING

Appellant

Procedural Posture

Magistracy Appeal / Appeal Judgment (court of First Instance)

Legal Issues

  1. 1 Whether sentences for possession of a forged two-way permit and unlawful remaining should run consecutively or concurrently
  2. 2 Whether mere possession of a forged travel document, without its use to obtain additional benefits, is an aggravating factor
  3. 3 What precedents govern aggregation of sentences for these immigration offences

Ratio Decidendi

Where a forged travel document has not been used to obtain additional benefits and no other aggravating circumstances exist, sentences for possession of the forged document and for unlawful remaining should run concurrently; the Magistrate's direction for consecutive sentences was incorrect in the present facts and will be set aside.

Court Disposition

Appeal allowed in part; sentence ordering set aside and sentences ordered to run concurrently.

Orders

  • The two sentences are to run concurrently.
  • Total imprisonment to be 15 months.