1 May 1998
HKSAR v. CHAN TSAN FAI
- Citation
- HKSAR v. CHAN TSAN FAI
- Court
- Court of First Instance
- Case number
- HCMA312/1998
The 12 month sentence was wrong in principle because there was no evidence linking possession of the identity card to unlawful remaining in Hong Kong; applying precedent (R v Shamin Nawaz and R v Ghazanfar Iqbal) the appropriate sentence is three months imprisonment and the appellant should be released and repatriated since he has already served an equal or greater period.