R. v. MUHAMMAD HANIF alias RASHID KHAN

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.528 OF 1995

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J U D G M E N T

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1. The appellant pleaded guilty to two counts, using an unlawfully obtained travel document and making a false statement to the Immigration Officer when he came. He was sentenced to 6 months and 3 months imprisonment respectively, both sentences to run concurrently.

2. He was stopped by the police in the street for overstaying and it was subsequently found out that he had previously committed a similar offence under a different identity and had been repatriated to his home country. On this occasion he made use of a forged Pakistani passport and gained entry into Hong Kong. The appellant asked for pity. He said he was the sole breadwinner of the family and that his father had a heart disease.

3. In my view, there is absolutely no merit in this appeal. There are no special circumstances. When I look at the learned magistrate's Reasons for Sentence, I find that she has given sufficient consideration to the circumstances of the appellant. In fact, my attention was drawn to the fact that the normal sentence for a non-Chinese illegal immigrant who made use of an unlawfully obtained travel document ranges from 9 to 18 months on a plea of guilty and for making a false representation, the usual term is between 3 to 6 months upon a plea. So the sentences in this case are entirely within the normal tariff and I must say they are probably on the lighter side. The appeal is dismissed.