CHENG FUNG WANG v. R.

CACC000186/1994

IN THE COURT OF APPEAL

1994, No. 186
(Criminal)

___________

BETWEEN
THE QUEEN
AND
CHENG FUNG WANG

___________

Coram: Hon Macdougall, V.-P. and Litton, J.A.

Date of hearing: 12 August 1994

Date of judgment: 12 August 1994

______________

J U D G M E N T

______________

Litton, J.A. giving the judgment of the court:

1. This is an application for leave to appeal against sentence. The applicant is a resident of mainland China, aged 23 at the time ofconviction. He was convicted on one charge of assisting the passage of unauthorized entrants, contrary to section 37D(1)(a) of the Immigration Ordinance. The District Judge, His Honour Judge Moylan, sentenced him to three years and four months’ imprisonment. The sentence is well withinthe range of sentences for offences of this kind.

2. The applicant pleaded before the judge to the effect that his father was terminally ill and his mother was aged and needed his support.He has repeated these points in this court. These were facts which the learned District Judge took into account in imposing the sentencehe did. The judge observed that the enterprise was “commercial” in that it involved the transportation of ten unlawful entrants.We can see nothing wrong in principle in the sentence which he imposed and the application for leave is refused.

(Neil Macdougall) (Henry Litton)
Vice President Justice of Appeal

Representation:

Mr William Lam (Crown Prosecutor) for Respondent

Applicant – CHENG Fung-wang – in person