HKSAR v. Cheng Kwong-Chung

Cheng Kwong-Chung was charged with four offenses. Wong Lai-Ming was charged with two offenses. Cheng’s first and third charges alleged conspiracy to possess a false instrument, contrary to section 75(1) and section 159A of the Crimes Ordinance, Cap. 200. Count 1 alleged that Cheng conspired with other defendants to possess a false passport, which he knew was false. Cheng and Wong also allegedly conspired to provide Lu Quifeng to enable her to possess a false US passport with knowledge that it was false. Several other fraud charges were brought. The prosecution alleged that Lu and another defendant were to be smuggled from Hong Kong to the US. Neither Cheng nor Wong presented any evidence at trial. Cheng appealed, arguing that the verdicts were unsatisfactory and against the great weight of the evidence. The Court held that there was “an abundance of evidence on which to convict” of both conspiracies in counts one and four, citing evidence adduced and presented at trial. Cheng also argued that there was insufficient evidence for the trial court judge to find that the instrument that was the subject of charge one was false. The Court also held that the trial court judge’s conclusion that whatever passport Cheng held must have been false was not erroneous. Cheng’s appeal was dismissed. Wong also appealed, arguing that the trial judge had insufficient evidence upon which to find that it was in fact Wong who committed the crime. The Court held that there was no ground upon which to disturb the trial judge’s conviction. The evidence against Wong included standard procedures from airline employee’s standard procedure of matching passports against the person who presents it and the fact that Wong never reported her passport lost or stolen. Cheng and Lu appealed their sentences as manifestly excessive because their offenses were part of one course of conduct. The Court held that the course of conduct was sophisticated and, further, stated, “We take the view that offences such as these are very serious. They involve the exploitation of persons on the Mainland, for substantial sums, exploitation which is no doubt financially crippling to the emigrant and his or her family and which puts the emigrant at continuing risk. Beyond that and importantly, the offences deliberately seek not only to undermine Hong Kong’s laws but also the immigration laws of other jurisdictions and to enable persons to travel on aircraft when they are not authorized to do so. It hardly needs to be emphasized that conduct of this kind is to be treated by our courts with a firm hand, not least when air security and international immigration controls carry an importance greater than ever before.”