Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

False representation to immigration

Legal area

Court

10 Nov 2011

HKSAR v. JIANG FENG

Citation

HKSAR v. JIANG FENG
Court

Court of First Instance
Case number

HCMA533/2011

The court exercised sentencing discretion and held that although using another person's genuine travel document amounts to the same offence as using a forged document in character, the factual circumstances (one-day visit, return to mainland, first offender, guilty plea) made the criminality less serious than typical cases; accordingly the concurrent sentences imposed by the magistrate (12 months) were reduced to 9 months.
3 Jun 2005

HKSAR v. LUO, BINGHUA

Citation

HKSAR v. LUO, BINGHUA
Court

Court of First Instance
Case number

HCMA240/2005

The appeal is dismissed because the magistrate adopted appropriate starting points, applied the usual one‑third guilty plea discount, and there was no demonstration that the sentences were wrong in principle or manifestly excessive; disparity with unrelated sentences is not a valid ground of appeal.
22 May 2003

HKSAR v. LIU LING

Citation

HKSAR v. LIU LING
Court

Court of First Instance
Case number

HCMA298/2003

The Court found the magistrate's 10 month sentence excessive in all the circumstances and, applying the same reasoning and precedent as in HKSAR v. Li Xiao Feng HCMA286/2003, allowed the appeal in part and reduced the custodial sentence to eight months taking account of the seriousness of the offence tempered by the guilty plea.