Hong Kong Case Law: Decisions & Judgments

Topic

Possession of forged travel documents

Legal area

Court

16 Feb 2006

HKSAR v. WONG KONG YU

Citation

HKSAR v. WONG KONG YU
Court

Court of Appeal
Case number

CACC279/2005

The Court upheld the conviction because the totality of circumstantial evidence — the passports hidden in an accessible ceiling space of the applicant's room, the applicant's control over the room and bed configuration, the nearby genuine PRC identity cards and altered passport photocopies, and admissions in interview — produced a compelling inference that the applicant knew of and possessed the forged passports; the conviction was not unsafe or unsatisfactory.
16 Aug 1996

R. v. YIP TIN CHOI

Citation

R. v. YIP TIN CHOI
Court

Court of Appeal
Case number

CACC220/1996

The trial judge correctly applied sentencing principles and precedent: starting point increased for multiple forgeries/racket to 30 months then reduced to 21 months to reflect the guilty plea; the applicant's mitigation was insufficient to justify interference, therefore the application to appeal the sentence is dismissed.
30 Jul 1992

R. v. MARK AYIVOR

Citation

R. v. MARK AYIVOR
Court

Court of Appeal
Case number

CACC359/1991

The trial judge did not abuse his discretion in refusing to sever the charges because trying them together caused no injustice or prejudice to the defendant; the Bill of Rights did not apply to the Crimes Ordinance charge due to the statutory exclusion in the Schedule for the transitional period; the sentence of three years for the combined offences was not manifestly excessive given the seriousness and indicia of participation in an illegal passport racket.
25 Feb 1991

THE QUEEN v. LIANG GUI BIN

Citation

THE QUEEN v. LIANG GUI BIN
Court

Court of First Instance
Case number

HCMA960/1990

The appeal is allowed in part because the appellant provided substantial assistance to the prosecution resulting in the conviction of an important distributor of forged documents; that assistance justifies a reduction of each concurrent 18-month sentences to 12 months, and the appellant's initial belief he would go to Thailand does not mitigate the sentence for intending to use the forged passport to get to Canada.
12 Apr 1990

THE QUEEN v. WONG WING LUNG

Citation

THE QUEEN v. WONG WING LUNG
Court

Court of Appeal
Case number

CACC360/1989

The Court refused leave to appeal because the trial judges applied a proper sentencing approach: they calibrated sentence length to the calculated and organized nature of the frauds, validly weighed mitigation (guilty plea and cooperation) against the absence of restitution and the scale of loss, and the resulting consecutive sentences were not manifestly excessive.
12 Apr 1990

THE QUEEN v. WONG WING LUNG

Citation

THE QUEEN v. WONG WING LUNG
Court

Court of Appeal
Case number

CACC279/1989

Sentences were upheld because the offences were carefully planned, involved large aggregated losses, and no restitution had been made; the trial judge properly weighed guilty pleas and cooperation against the gravity and calculated nature of the frauds and applied the totality principle, so the sentences were not excessive and leave to appeal was refused.
3 May 1985

THE QUEEN v. MAZI RUN NACOKA

Citation

THE QUEEN v. MAZI RUN NACOKA
Court

Court of Appeal
Case number

CACC80/1985

The Court held that the original aggregate sentence was excessive given the applicant's mitigation (plea, cooperation, character and personal circumstances) and the relative role of the applicant in the operation; accordingly it reduced the sentences on specified counts and ordered all sentences to run concurrently, resulting in a total effective sentence of four years' imprisonment (with counts and individual terms adjusted as stated).

Hong Kong Case Law

HKSAR v. WONG KONG YU

R. v. YIP TIN CHOI

R. v. MARK AYIVOR

THE QUEEN v. LIANG GUI BIN

THE QUEEN v. WONG WING LUNG

THE QUEEN v. WONG WING LUNG

THE QUEEN v. MAZI RUN NACOKA