由此
A A
B B
DCCC 784/2009
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 784 OF 2009
E E
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F F
HKSAR
G v. G
TAM YIU FAI （譚耀煇）
H H
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I I
J
Before : Her Honour Judge M. Yuen J
Date : 2 March 2010
K K
Present: Miss Hermina NG, Public Prosecutor, of the Department of
L Justice, for HKSAR L
Mr. Gordon Y.W. WONG, instructed by Messrs. Vongs
M M
assigned by Director of Legal Aid, for the defendant
N Offence: (1) Possession of false travel documents （管有虛假的旅行 N
證件）
O O
(2) Possession of forged identity cards （管有偽造身分證）
P P
Q Reasons for Sentence Q
R 1. The defendant pleaded guilty to one charge of possessing R
false travel documents, contrary to s.42(2)(c)(i) of the Immigration
S S
Ordinance, Cap 115 and one charge of possessing forged identity cards,
T contrary to s.7A(1) of the Registration of Persons Ordinance, Cap 177. T
U U
V V
由此
- 2 -
A A
B B
C 2. The 1st charge relates to 3 false Hong Kong SAR passports in C
the names of Ngai Oi-lim (魏可林), Ng Tung-ning (吳東靈) and Leung
D D
Kim-fai (梁金肥) and 1 false Singaporean passport in the name of LIANG
E Yan-yan. E
F F
nd
3. The 2 charge relates to 3 forged Hong Kong identity cards in
G G
the names of Ngai Oi-lim (魏可林), Ng Tung-ning (吳東靈) and Leung
H Kim-fai (梁金肥). H
I I
4. The events all happened at the Chak Lap Kok airport on 13
J November 2008 round about midday. J
K K
5. Facts of the events showed the immigration officers to have
L stopped a male LIN Shangoian (林上乾) at the boarding gate for flight L
M
AC-008 of Air Canada at 12.17pm. LIN Shangoian (林上乾) was found in M
possession of a forged HKSAR passport (s/n HA 0081457) and a forged
N N
HKID card (s/n C 461833(3)); both in the name of Cheung Lai-keung (張
O 麗權). O
P P
6. About 20 odd minutes later, at 12.45pm, immigration officers
Q Q
stopped another male LIANG Yanyu (梁衍瑜) at the same boarding gate
R for flight AC-008 of Air Canada. LIANG Yanyu (梁衍瑜) was found in R
possession 2 forged documents: a false HSAR passport (s/n H 00900636)
S S
and a false HKID card (s/n Z 016468(3)), also both in the name of Leung
T Kim-fai (梁金肥). T
U U
V V
由此
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A A
B B
7. In the meantime at 12.30pm police found the defendant
C wandering about at the airport bus terminus at Chek Lap Kok. When the C
defendant was stopped and searched, he was found in possession of 9
D D
forged documents:-
E E
(i) Identification documents bearing the name of NGAI
F F
Oi-lim (魏可林):
G G
(a) HKSAR passport (s/n HA1926532) [Exhibit
H H
E-1]; and
I (b) HKID card (s/n Z 542350(4)) [Exhibit E-2]; I
J J
(ii) Air Canada membership card (s/n 505312382) in the
K name of NGAI Oi-lim [Exhibit E-8]; K
L L
(iii) Identification documents in the name of NG
M M
Tung-ning (吳東靈):-
N N
(a) HKSAR passport (s/n H00894159) [Exhibit
O O
E-6]; and
P (b) HKID card (s/n G6265525(5)) [Exhibit E-7]; P
Q Q
(iv) Air Canada membership card (s/n 510306522) in the
R name of NG Tung-ning [Exhibit E-9]; R
S S
(v) Identification documents in the name of Leung
T Kim-fai (梁金肥):- T
U U
V V
由此
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A A
B B
(a) HKSAR passport (s/n H 00900636) [Exhibit
C E4]; and C
(b) HKID card (s/n Z 016468(3)) [Exhibit E-5].
D D
E (vi) Singaporean passport (s/n S 8414532B) in the name E
of LIANG Yan-yan [Exhibit E-3].
F F
G 8. Not long afterwards, at 2pm, police stopped a male Ngai G
Oil-lim at the boarding gate for flight AC-008 of Air Canada. Ngai Oi-lim
H H
was found in possession of the following genuine documents of identity:-
I I
(i) HKSAR passport (s/n HA 1926532) in the name of
J J
Ngai Oi-im (魏愛鐮);
K (ii) HKID card (s/n) in the name of Ngai Oi-im (魏愛鐮). K
L L
9. Telephone records check confirmed there were 7 telephone
M M
calls between the defendant’s mobile phones and Ngai’s mobile phone
N between 10.22am and 12.17pm on 13 November 2009. N
O O
10. Exhibit E-1 (the HKSAR passport) and exhibit E-2 (HK
P identity card) found on the defendant bore the name and document number P
of the genuine documents found on Ngai Oi-im ( 魏 愛 鐮 ); but the
Q Q
photograph of LIANG Yabyu(梁衍瑜).
R R
11. Exhibit E3 (the Singaporean passport) found on the
S S
defendant bore the name of LIANG Yan yan but the photograph of LIANG
T T
Yabyu(梁衍瑜).
U U
V V
由此
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A A
B B
C 12. Exhibit E-4 (HKSAR passport) and exhibit E-5 (HKID card) C
bore the name of Leung Kim-fai (梁金肥) but the photographs of LIN
D D
Shangoian (林上乾).
E E
13. Exhibit E-6 (HKSAR passport) and exhibit E-7 (HKID card)
F F
bore the name of NG Tung-ning (吳東靈) but the photographs of LIN
G G
Shangoian (林上乾).
H H
14. LIANG and LIN had been convicted of possession of the
I I
forged travel documents and forged Hong Kong identity cards; and had
J been dealt with in Shatin magistracy case of STCC-7944/2008. J
K K
15. Penalty prescribed for the offence of possession of false travel
L documents, contrary to s.42(2)(c)(i) punishable under s.42(2) of the L
Immigration Ordinance, Cap 115 is a term of 14 years imprisonment and a
M M
fine of HK$150,000 for charges preferred on indictment.
N N
16. The penalty set out in s. 7A(1)(a) of the Registration of
O O
Persons Ordinance Cap 177 is a term of 10 years and a fine at level 6 upon
P indictment for the offence of possession of forged identity cards, contrary P
to s.7A(1) of the Registration of Persons Ordinance Cap 177.
Q Q
R 17. Penalty for the possession of false travel documents or forged R
HK identity card varies. Penalties imposed upon indictment for possession
S S
of false travel documents can generally be grouped into 3 categories:-
T T
U U
V V
由此
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A A
B B
(a) those who used the false travel documents to
C masquerade their own identity to pass through the C
immigration checks, either for the purpose of
D D
entering Hong Kong, leaving Hong Kong, or on
E transit to other places; E
(b) those who possessed the false documents for
F F
commission of other offences; and
G (c) those who possessed false travel documents for the G
purpose of assisting others to evade immigration
H H
checks.
I I
18. Those who possessed false travel documents for committing
J J
other offences generally received consecutive or partially consecutive
K terms of 12 months imprisonment (Lin Meng Chang CACC-146/2009; K
Chan Ka Kin CACC-474/2004; Ogunade CACC-213/2005).
L L
M 19. Those who possessed the false passports to masquerade their M
identity to enter, to depart or to transit in Hong Kong would be dealt with
N N
under s.75 of the Crimes Ordinance Cap 200 or s.42 of the Immigration
O Ordinance Cap 115. These usually attracted custodial terms of about 18 to O
32 months imprisonment to 27 months (Ogunade CACC-213/2005;
P P
Tseung Yim Kwan CACC-531/2005; 27 months starting point utilized in
Q He Wenyou CACC-235/2008 for making false representation to Q
immigration officers, 32 months in Cheng Kwong Chun
R R
CACC-536/2001).
S S
20. For those who aid and abet the others to possess or use false
T T
passports or documents of identity to evade immigration detection, the
U U
V V
由此
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A A
B B
terms imposed generally ranged from 27 months to 4 ½ years
C imprisonment (27 months SP in Pak Wan Lung CACC-573/1998; 3 to 4 ½ C
years in Cheng Kwong Chun CACC-536/2001; 3 years starting point
D D
adopted in Muoi CACC-28/2000 was considered to be lenient at para 60
E of the judgment; 3 years starting point was used in Kim Tae-kuk E
CACC-449/1998; 4 years in Lam Yuk Fai, Steve FACC-12/2005 ; 5 years
F F
in Ma Yuen Chi CA-537/2005; and 6 years in Jiang Shou Fa
G CACC-380/1996) . G
H H
21. The defendant was found in possession of 4 false passports (3
I of HKSAR and 1 of Singapore) and 3 false HK identity cards bearing the I
particulars of 4 individuals but the photographs of the 2 mainlanders
J J
LIANG and LIN who were seeking to leave Hong Kong for Canada on the
K day in question. The facts are indicative of the fact that the defendant had K
those false passports and false HK identity cards for use of LIANG and
L L
LIN. There was no evidence to suggest the defendant was meant to
M accompany the mainlanders to leave Hong Kong. Rather the evidence M
indicated the defendant was tasked with the role of a courier in this
N N
syndicated operation of illegal immigration. In light of the number of the
O forged travel documents and documents of identity I consider the O
appropriate sentence after trial would be a term of 3 years imprisonment.
P P
Q 22. Possession of forged HK identity card is considered to be less Q
serious for the lack of international element. Hence for the possession of
R R
false identity cards charge, I adopt a starting point of 2 years. Since the
S false passport and the forged identity cards were relating to the same S
individuals, I impose concurrent terms of sentence for both charges.
T T
U U
V V
由此
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A A
B B
23. The defendant is 38 years of age. He used to work as a waiter
C in different restaurants. He met his wife in the mainland in 1998 and they C
got married a year later. His son was born in 2001 and his wife came to
D D
Hong Kong for family reunion in 2004. The couple divorced in 2005 and
E the defendant was granted custody of his son. His 8 years old son is staying E
with the parents of the defendant during the remand of the defendant.
F F
G 24. For his plea of guilty indicating remorse I do accord the G
defendant 1/3 discount for his sentence. For his marginal efforts made in
H H
relation to that matters I have been addressed in chambers, I gave him a
I further discount of 1 month. The sentences I do order are as follows:- I
J J
Charge 1 – a term of 1 year and 11 months; and
K Charge 2 – a concurrent term of 15 months imprisonment. K
L L
M M
N N
( Mary Yuen )
O District Judge O
P P
Q Q
R R
S S
T T
U U
V V