IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 219 OF 1999
Coram : Hon Woo J in Court
Date of hearing : 31 March 1999
Date of delivery of judgment : 31 March 1999
J U D G M E N T
1. The Appellant pleaded guilty before a magistrate and was convicted of possession of a forged travel document, namely, a forged Malaysianpassport. He now appeals against sentence which was six months’ imprisonment.
2. The Magistrate, when passing sentence, took into account the case of R. v. Bhagwant Singh-Padda HCMA No 1447 of 1988 (11 January 1989, unreported) and adopted nine months’ imprisonment as the starting point. Given a reductionof one-third for the Appellant’s early plea and clear record, the sentence of six months’ imprisonment resulted.
3. In the case cited by the Magistrate, Bewley J considered various categories of travel document forgery cases and he said that therewas apparently no tariff sentence for this offence, and each case must be judged on its own merit. Four categories were set out :
And he then said this :
4. I do not find the Magistrate’s decision on sentence either wrong in law or in principle, nor do I find the sentence of six months’imprisonment excessive. In the circumstances I would dismiss the appeal.
Mr Paul K. Madigan, S.G.C. of DPP, for HKSAR
Appellant in person, present