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Hksar v Yang Chet Ming And Another

Judgment Cited in Precedent Map Related
Vincent
Judgment Date21 July 1998
CourtHigh Court (Hong Kong)
Judgement NumberHCMA390/1998
Subject MatterMagistracy Appeal
HCMA000390/1998 HKSAR v. YANG CHET MING and Another

HCMA000390/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

1998, No. 390
(HCMA)

BETWEEN
HKSAR Respondent
AND
YANG CHET MING

LEE YING YET

 1st Appellant

2nd Appellant

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Coram: Hon. Mayo, J.A. in Court

Date of hearing: 21 July 1998

Date of delivery of judgment: 21 July 1998

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J U D G M E N T

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Mayo, J.A. (giving the judgment of the Court)::

1. The 1st and 2nd Appellants are husband and wife. They appeared before T.S. Jenkins Esq. magistrate and both pleaded guilty to two offences under the Immigration Ordinance. The first offence was using an unlawfully obtained Malaysian passport, contrary to s.42 2(b) of the Ordinance and the second was making a false representation to an Immigration Officer, contrary to s.42 1(a). The false representations were statements that the Appellants had been born in Malaysia when in fact both had been born in China.

2. Both Appellants were sentenced to 9 months' imprisonment on each count which was ordered to be served concurrently. The 1st Appellant lodged an appeal in time and the 2nd Appellant lodged an appeal out of time. The 2nd Appellant has furnished an explanation for being out of time. In an application she states that she had been under the mistaken impression that her husband had prepared and lodged an appeal on her behalf. I am satisfied in the circumstances that leave should be granted to the 2nd Appellant to prosecute her appeal out of time and leave for this is granted.

3. Both Appellants advance mitigating circumstances in support of their appeals.

4. The 1st Appellant states that he needed to travel to Thailand urgently as a close friend was being threatened by other persons with violence if he did not discharge his indebtedness to them. Were he to travel on his properly issued Chinese passport there would be delay in obtaining the requisite of approvals. It was to circumvent these formalities that he used the Malaysian passport which he had purchased some time before.

5. The 2nd Appellant has said that her reason for travelling with the 1st Appellant was that he had recently undergone surgery to his chest. She wished to look after him.

6. The 2nd Appellant also refers to the problems which have...

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