25 Jul 2022
HKSAR v. CHAN CHUN SANG AND ANOTHER
- Citation
- [2022] HKCFI 2203
- Court
- Court of First Instance
- Case number
- HCMA608/2021
Magistrate's findings were legally sound: objective standard required an employer faced with only a non-permanent Hong Kong identity card to take further feasible steps (inspect travel documents or consult Immigration); failure to do so meant the statutory defence was not established as to Hung, so convictions stand. However, in sentencing the 1st appellant was not found reckless given special facts (forged card bore his employee's portrait, longstanding acquaintance, first offence, business scale), so the custodial term was suspended for 2 years rather than immediate imprisonment.