Hong Kong Case Law: Decisions & Judgments

Topic

Use of forged identity document

Legal area

Court

22 May 2024

香港特別行政區訴趙榮花

Citation

[2024] HKCFI 1896
Court

Court of First Instance
Case number

HCMA104/2024

The appellate court, on rehearing all evidence including forensic reports and witness testimony, accepted the trial judge's assessment that P1 and P2 were forged and that the similarity of photographs made the appellant's story implausible; therefore the prosecution proved beyond reasonable doubt that the appellant displayed a forged HKID, falsely represented her name and possessed a forged PRC ID, and the imposed concurrent total sentence of 22 months and 2 weeks was appropriate and not excessive.
10 Sept 2020

香港特別行政區訴柴志华

Citation

[2020] HKCFI 2320
Court

Court of First Instance
Case number

HCMA143/2020

The magistrate was entitled to accept the police confession as voluntary and to rely on the employer's application form and photo corroboration; those findings provided proof beyond reasonable doubt that the appellant used a forged identity card, and the appellate court will not disturb rational factual findings or the sentence which followed established guidelines.
12 Dec 2019

香港特別行政區訴葉銳輝

Citation

[2019] HKCFI 2949
Court

Court of First Instance
Case number

HCMA164/2019

The court held the individual sentences (15, 2 and 12 months) were appropriate but, applying the totality principle and considering the related but distinct nature of the offences, reduced the consecutive portion of the third count from eight months to five months, thereby allowing the appeal in part and reducing the aggregate sentence from 23 to 20 months' imprisonment.
19 Jan 2018

香港特別行政區訴陳少珍

Citation

[2018] HKCFI 82
Court

Court of First Instance
Case number

HCMA458/2017

On re-hearing the court found material unresolved doubts as to the credibility and handling of the sole key prosecution witness and as to the similarity of the identity‑card photograph, and the trial judge failed to address these issues in the reasons for conviction; accordingly the prosecution did not prove the offence beyond reasonable doubt and the conviction was unsafe.
9 May 2017

香港特別行政區訴 BUI MANH CUONG

Citation

香港特別行政區訴 BUI MANH CUONG
Court

Court of First Instance
Case number

HCMA606/2016

The appeal fails because the trial judge applied correct authorities, properly treated the forged identity document as an aggravating factor, and the concurrent sentencing structure giving an effective 17 months was within the legitimate sentencing range; comparative assertions without factual parity do not establish excessiveness.
22 Sept 2015

HKSAR v. AMARJIT, SINGH

Citation

HKSAR v. AMARJIT, SINGH
Court

Court of First Instance
Case number

HCMA437/2015

The appeal was dismissed; the 15 month concurrent sentences were appropriate under the established tariff for using a forged ID to obtain employment and no deduction of 89 days administrative detention was ordered because that detention did not relate to the offences and was not immediately prior to first appearance as required by s67A(1)(a) CPO; humanitarian family hardship did not justify further reduction.
28 Apr 2005

HKSAR v. HE LIHUA

Citation

HKSAR v. HE LIHUA
Court

Court of First Instance
Case number

HCMA251/2005

In light of the Court of Appeal decision in HKSAR v Lee Chang Lee [2004] HCMA935, a 15 month sentence is required for use of a forged identity card in circumstances involving working absent exceptional humanitarian grounds; the appellant failed to establish such grounds and the appeal against sentence is therefore dismissed.
21 Oct 2003

HKSAR v. YANGI GUIPING

Citation

HKSAR v. YANGI GUIPING
Court

Court of First Instance
Case number

HCMA724/2003

The appropriate sentence for using a forged identity card to obtain employment is 14 months' imprisonment (12 months base as per Chan Man Mo plus 2 months for producing the forged card to a police officer); for eight breaches of condition of stay 6 months' imprisonment is appropriate for each count to be concurrent, with 3 months of that concurrent total ordered to run consecutively to the sentence for the forged identity offence, producing an overall effective sentence of 17 months, which satisfies the totality principle.
7 May 2002

HKSAR v. WONG SHING KONG

Citation

HKSAR v. WONG SHING KONG
Court

Court of First Instance
Case number

HCMA317/2002

The appeal was dismissed because the identified humanitarian grounds were not sufficiently exceptional to warrant reducing the concurrent sentences; the original sentencing (12 months total) was not excessive or wrong in principle.
3 Feb 2000

HKSAR v. CHAN PUN CHUNG AND ANOTHER

Citation

HKSAR v. CHAN PUN CHUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMA364/1999

Section 159E(7) does not operate as an exhaustive bar to commencing prosecutions after 2 August 1996 for conspiracies committed before that date; the omission in the transitional scheme was inadvertent and cannot be construed to make pre-1996 conspiracies unenforceable. The Court of Appeal, exercising powers under ss118 and 119 together with s27, may amend the information and substitute convictions for a common law conspiracy where the amendment would not have affected the course of the original trial. Applying those principles the court substituted convictions for common law conspiracy for t…