13 Jul 2006
Leave to appeal against sentence dismissed because the judge lawfully applied sentencing principles: he considered authoritative guidance (Chan Sui To), correctly assessed the operation as smaller than medium-sized, allowed a one-third discount for guilty pleas and imposed a total three year sentence which was not manifestly excessive.
2 Feb 2006
Bail was refused because the applicant, who was significantly out of time, did not appear to have reasonable prospects of obtaining leave to appeal to the Court of Final Appeal given the sentencing guidance in HKSAR v Li Chang Li, deficiencies in the factual record on whether the identity card was used to obtain work, and the risk that bail would be nugatory as the applicant would likely have to return to serve the remaining sentence.
9 May 1996
The magistrate's nine month sentence for possession of another person's identity card was manifestly excessive in the absence of any evidential link to the appellant's immigration status and should be reduced to three months; the sentences of two months for giving false information and six months for breach of condition of stay are not manifestly excessive and are upheld.
16 Oct 1986
Although the maximum penalty for use of another person's identity card is lower than for forged identity card offences, where the card is used to illegally remain in Hong Kong the offence falls within the higher band of seriousness and a 15 month sentence would normally be appropriate; the court may consider surrounding facts amounting to separate offences in sentencing, but in these appeals the sentences were not increased and the appeals were dismissed.
27 Jun 1984
For offences under ss.5 and 7 of the Gambling Ordinance courts should in all but minor cases seriously consider immediate custodial sentences, possibly alongside substantial fines; fines alone must be sufficiently heavy to deter, and sentencing discretion permits differentiation between principal and assistant based on blame-worthiness.