Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Possession of forged refugee card

Legal area

Court

22 Jun 2000

HKSAR v. VU THI PHUONG

Citation

HKSAR v. VU THI PHUONG
Court

Court of First Instance
Case number

HCMA390/2000

Because there was no evidence the forged refugee card had been used to obtain employment and no exceptional humanitarian grounds to increase punishment, the proper exercise of sentencing discretion was to order the two sentences to run concurrently, producing a total sentence of 13 months.
25 Oct 1996

R v. DONG DUC DAI AND OTHERS

Citation

R v. DONG DUC DAI AND OTHERS
Court

Court of First Instance
Case number

HCMA835/1996

The So Man King sentencing guidelines for illegal immigrants from China do not automatically apply to Vietnamese migrants; those guidelines should be applied only where there is presently a large influx warranting deterrent sentences. Absent such an influx, the court must determine appropriate sentences on the merits and may reduce sentences accordingly.