Hong Kong Case Law: Decisions & Judgments

Topic

Possession of false passport

Legal area

Court

12 Jul 2000

HKSAR v. SHANN YIH CHENG

Citation

HKSAR v. SHANN YIH CHENG
Court

Court of First Instance
Case number

HCMA304/2000

The appeal was allowed in part and the sentence was varied to effect immediate release from 14 April 2000 because sentencing must reflect the prosecution policy and authorities (Ng Tung fong; Ho Tung Man) that immigration-only offenders who would not have been prosecuted but for another charge are entitled to substantial discount; combined with the appellant's advanced age and guilty plea this justified release.
20 Apr 1995

R. v. JAVID IQBAL

Citation

R. v. JAVID IQBAL
Court

Court of First Instance
Case number

HCMA173/1995

The magistrate had taken into account all relevant circumstances and there were no valid grounds demonstrating an error in the exercise of sentencing discretion; therefore the appellate court must dismiss the appeal and uphold the sentences (6 months and 3 months consecutive).
15 Apr 1976

MOHD. DARAIZ v. ATTORNEY GENERAL

Citation

MOHD. DARAIZ v. ATTORNEY GENERAL
Court

Court of Appeal
Case number

CACC303/1976

Section 42(2)(c)(i) of the Immigration Ordinance is to be construed as creating a strict liability offence in the sense applied in Warner: possession of the false pages was proved and the appellant believed the pages genuine, the falsity was a difference of quality not kind, he had no reasonable opportunity or suspicion to detect falsity, therefore conviction under s.42(2)(c)(i) is upheld and the appeal is dismissed.

Hong Kong Case Law

HKSAR v. SHANN YIH CHENG

R. v. JAVID IQBAL

MOHD. DARAIZ v. ATTORNEY GENERAL