Hong Kong Case Law: Decisions & Judgments

Topic

Possession of forged identity document

Legal area

Court

18 Sept 2023

香港特別行政區訴 NGUYEN, VAN QUANG

Citation

[2023] HKCFI 2379
Court

Court of First Instance
Case number

HCMA212/2023

Applying the sentencing guidelines in Li Cheung Lai, possession of a forged identity card normally attracts a pre-plea starting point of 18 months; because the appellant was convicted after trial the correct starting point was 18 months, a one-month reduction for health was appropriate in principle but did not render a 14-month custodial sentence excessive; therefore the appeal against sentence is dismissed.
15 Apr 2019

香港特別行政區訴黃志豐

Citation

[2019] HKCFI 973
Court

Court of First Instance
Case number

HCMA592/2018

The magistrate validly exercised sentencing discretion: three like offences were ordered concurrent and a dissimilar offence ordered consecutive; because the offences in this case were different from those in the earlier absconding case and were committed during a period of bail forfeiture/absconding, ordering the sentences to run (in part) consecutively to the prior 7‑month term did not breach the totality principle and was not manifestly excessive; appeal dismissed.
5 Jun 2013

香港特別行政區訴葉錦平

Citation

香港特別行政區訴葉錦平
Court

Court of Appeal
Case number

CACC344/2012

The Court held that, on the admitted evidence (the card's name and number matching the named person but the photo not matching, the Immigration records and the police witness testimony that the card was recovered from a waist pouch on the applicant), the only reasonable inference was that the card was a forged identity card and that it was possessed by the applicant; the CCTV was inconclusive and did not undermine the police evidence, so the conviction was not unsafe.
23 Jan 2013

香港特別行政區訴段愛虎

Citation

香港特別行政區訴段愛虎
Court

Court of First Instance
Case number

HCMA649/2012

Immigration records showed no entry by the appellant between 18 and 22 August, so his claim of lawful entry with a passport was rejected; the 12 month sentence for possession of a forged identity card and the 15 month sentence for illegal entry were appropriate and, because both offences arose from the same incident, the sentences were correctly ordered to run concurrently. Appeal dismissed.
28 Feb 2012

香港特別行政區訴陳偉明

Citation

香港特別行政區訴陳偉明
Court

Court of First Instance
Case number

HCMA895/2011

The appeal court held the magistrate erred in principle by relying on Li Cheung Lai for the possession count and by ordering part consecutive sentences; applying the correct authorities (notably Su Man King and Tran Viet Thanh) the possession offence warranted 15 months (after plea discounting principles considered) and the two sentences should run concurrently, resulting in a total custodial term of 15 months; the court relied on its statutory power under Cap.227 s119 to substitute the sentence.
1 Jun 2011

HKSAR v. CHEN GUOJIN

Citation

HKSAR v. CHEN GUOJIN
Court

Court of Appeal
Case number

CACC112/2010

The court found the starting points adopted by the trial judge for the two indecent assault counts were manifestly excessive given the nature and degree of indecency; it reduced the starting point for those counts to three years, applied a discount for the guilty plea (reducing to two years and four months), ordered eight months to run consecutively within those counts to yield three years on counts 1 and 2, and ordered that sentence to run consecutively to 15 months on counts 3–5, resulting in a total sentence reduced from 5 years 3 months to 4 years 3 months.
29 Nov 2007

HKSAR v. ZHENG, YANYUN

Citation

HKSAR v. ZHENG, YANYUN
Court

Court of First Instance
Case number

HCMA983/2007

The appeal is dismissed because the custodial sentence of 12 months was in line with the applicable guideline (Li Chang Li) and the appellant's and her mother's medical conditions did not amount to exceptional humanitarian grounds to justify reducing the sentence.
24 Feb 2006

HKSAR v. YAN FEI PING

Citation

HKSAR v. YAN FEI PING
Court

Court of First Instance
Case number

HCMA2/2006

Because the appellant, an overstayer, produced a wholly forged Hong Kong identity card to police, there was a clear link between the offence and his unlawful status and established precedent mandates a 15 month sentence on a plea of guilty; the appellant's explanations were implausible and the sentence is therefore upheld.
17 Aug 1999

HKSAR v. TRAN QUOC LONG

Citation

HKSAR v. TRAN QUOC LONG
Court

Court of First Instance
Case number

HCMA533/1999

The court upheld the Magistrate’s aggregated sentence of 19 months because the offences were serious, deterrence and multiplicity of charges justified the sentences, and there was no proper basis to find the sentence manifestly excessive or wrong in principle.
1 Oct 1996

R. v. PERVAIZ KHAN

Citation

R. v. PERVAIZ KHAN
Court

Court of First Instance
Case number

HCMA1055/1996

The judge accepted the trial findings that the appellant knowingly obtained a forged Hong Kong identity card and that the combined sentence of one month and nine months consecutive was not excessive; accordingly the appeal against sentence was dismissed.