27 Mar 2018
Where credible direct observation placed defendants repeatedly dismantling and carrying furniture from inside a non-public renovation site, the magistrate was entitled to infer employment despite absence of an identified employer or forensic evidence; those findings were not plainly wrong and convictions were safe and upheld on appeal.
10 Oct 2007
The Court held that distinctions between false representations about identity and about connection with Hong Kong are not justified for sentencing; unlawful presence is the key factor. Although a higher starting point would have been appropriate, the Court would not interfere with the Magistrate's sentence given the generous starting point adopted and full credit for the plea; accordingly the 8-month sentence stands.
17 Sept 2002
The conviction was upheld because the trial judge properly applied the Turnbull guidelines, found PW2's close-range daylight identification reliable, and reasonably rejected the applicant's alibi and credibility; these factual findings did not warrant appellate interference.
22 Jan 1999
The magistrate was entitled to treat breach of a deportation order as a separate offence allowing a consecutive term; the aggregate sentence of 21 months was not manifestly excessive and humanitarian factors did not justify interference with the sentencing exercise.
23 Apr 1997
The conviction was upheld because the trial judge, having observed the accused, was entitled to reject his explanation and to draw the inference of guilt from recent possession of the stolen property; the sentence was upheld because the judge gave adequate reasons and the appellate court could not find it excessive.
14 Feb 1995
The Crown conceded the production of the forged identity card was not an aggravating factor, so the sentence on Charge A was reduced from 18 to 15 months to run concurrently; additionally, on admitted humanitarian grounds relating to the appellant's dependent children and family hardship, the court exercised its discretion to reduce both sentences to permit immediate release and repatriation to China.
16 Mar 1990
The Court held the original sentences were wrong in principle and manifestly inadequate because sentencing must prioritise deterrence for unlawful presence; a 15‑month custodial term is appropriate after guilty pleas in such cases, and exercising its review power under s 81A(1) the Court quashed the existing sentences and substituted 12 months imprisonment for each offender as an accepted reduction from the 15‑month guideline.
9 Dec 1988
Where the use of another person's Hong Kong identity card consisted of producing it to obtain employment and not obtaining a distinct additional benefit contemplated by R. v. SO Man-king, a separate custodial sentence for the identity card offence should run concurrently with the 15 month sentence for unlawful remaining; the magistrate's imposition of a consecutive additional custodial term was erroneous and must be set aside.
9 Dec 1988
The Court held that where the identity card was produced to obtain employment it did not constitute the aggravating use envisaged in R. v. SO Man-king; accordingly the additional custodial sentence for the identity card offence was excessive and must be quashed and substituted by a sentence of 15 months to run concurrently with the unlawful remaining sentence.
14 Nov 1988
The magistrate erred in treating use of another's identity card to obtain employment as necessarily an aggravating factor; proper interpretation of the authorities establishes 15 months as the guideline sentence for the ordinary case absent strong humanitarian considerations, and the appeals should succeed with sentences reduced accordingly.