HKSAR v. TRAN VAN TUAN

DCCC 84/2013

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 84 OF 2013

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Reasons for Sentence

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1.  Tran Van Tuan, you have been convicted on your own pleas of the offences of remaining in Hong Kong without the authority of the Director of Immigration, having landed in Hong Kong unlawfully, and breach of a Deportation Order made against you on 26 September 2008.

2.  Both offences were committed by you on 5 December 2012, the day you were stopped by police late at night in Shamshuipo. You claimed that you had only been in Hong Kong since early that morning when you had sneaked into Hong Kong by hiding under a truck.  You said you came here to look for a job because of financial difficulties. 

3.  This is not the first time you have breached the Deportation Order made against you on 26 September 2008.  It is the third occasion.  It is the fourth occasion you have been before the courts in Hong Kong for the offence of unlawful remaining.  The Deportation Order made against you on 26 September 2008 followed your conviction on 5 October 2007 for the offences of unlawful remaining and going equipped for stealing.  After you had served your sentences for those offences you were deported to Hanoi on 30 October 2008.

4.  Despite the Deportation Order you were back in Hong Kong before the courts again on 2 March 2009, when you were convicted of a second offence of unlawful remaining as well as another offence of going equipped for stealing and a further offence of breach of the Deportation Order.  After serving the sentence imposed on you for those offences you were deported back to Vietnam on 7 May 2010.

5.  Undeterred by those sentences of imprisonment, you returned to Hong Kong and, on 25 January 2011, you were convicted of two offences of possession of dutiable goods as well as a third offence of unlawful remaining and a second offence of breach of the Deportation Order.

6.  I have seen the Reasons for Sentence of the judge on that occasion.  The judge imposed a sentence of 18 months’ imprisonment on the charge of unlawful remaining taking into account your plea of guilty and the fact that it was not your first offence.  He imposed a sentence of 20 months’ imprisonment on the charge of breach of Deportation Order, taking into account your plea of guilty and the fact that it was not your first breach of the Deportation Order.  The judge took the view that the overall sentence on the charges of unlawful remaining and breach of Deportation Order should be 24 months’ imprisonment.  He therefore ordered that 4 months of the sentence on the charge of unlawful remaining should run consecutively to the sentence on the charge of breach of Deportation Order.  You were deported back to Hanoi on 25 July 2012.

7.  Yet again you were undeterred by the sentences passed on you and you had returned to Hong Kong by 5 December 2012. 

8.  You are now once again before the court for the offences of unlawful remaining and breach of Deportation Order of 26 September 2008.  Both offences are connected and arise out of your decision once again to return to Hong Kong, when you not only did not have permission to do so, but were expressly prohibited from doing so. 

9.  This court has to bear in mind that the sentences previously imposed on you have not been sufficient to deter you.  The court has to make it clear to you that you should not return.

10.  On the charge of unlawful remaining, the fourth occasion you have committed this offence, I accordingly pass a sentence of 21 months’ imprisonment, having taken into account your plea of guilty.

11.  On the charge of breach of Deportation Order, I adopt a starting point of 3 years’ imprisonment, and after giving you the usual discount of one-third to reflect your plea, I sentence you to 2 years’ imprisonment.

12.  I am satisfied that the overall sentence for these two offences should on this occasion be 2½ years’ imprisonment.

13.  On Charge 1, I sentence you to 21 months’ imprisonment.

14.  On Charge 2, I sentence you to 2 years’ imprisonment.

15.  I order that 6 months of the sentence on Charge 1 run consecutively to the sentence on Charge 2, making a total of 2½ years’ imprisonment.

16.  I must warn you that if you do not exhibit the remorse which your counsel has told me you feel and you decide to return to Hong Kong again you can expect still heavier sentences on the next occasion.