HKSAR v. TRAN QUOC LONG

HCMA 533/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 533 OF 1999

(On appeal from SKCC 1288 of 1999)

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J U D G M E N T

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1. The Appellant, Tran Quoc Long, pleaded guilty to three charges, namely: possession of a forged Vietnamese refugee card; remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong and breach of a deportation order. In respect of the first offence, the Appellant was sentenced to 8 months' imprisonment. In respect of the second offence, he was sentenced to 15 months' imprisonment of which 4 months are to run concurrently. In respect of the third offence, he was sentenced to 4 months' imprisonment to run concurrently. The Appellant has to serve a total of 19 months' imprisonment. The Appellant now appeals against the sentences.

2. Offences involving forged document of identity and illegal entry into Hong Kong are considered to be serious offences in Hong Kong. Very often the courts find it necessary to impose deterrent sentence in order not to encourage people to come to Hong Kong or to remain in Hong Kong illegally. Of course, the present case also involves forged document of identity and that the Appellant was found to be in breach of a deportation order.

3. The Appellant informs this court that the purpose of his coming back to Hong Kong is to enable him to earn some money to treat his mother's eye disease and that he wishes to be sent back to Vietnam as soon as possible in order to enable him to take care of his mother, his wife and children.

4. Most illegal immigrants are attracted to Hong Kong because of the possible financial gain. Apparently, people tend to earn a lot more in Hong Kong. Such matters, in my view, cannot be mitigating factors. I bear in mind the multiplicity of the charges and the nature of the offences including particularly the offence of possession of forged document of identity and breach of a deportation order, the total sentence of 19 months is neither manifestly excessive nor wrong in principle. There is no proper basis upon which the court can interfere with the sentences imposed by the Magistrate . The appeal against the sentences is therefore dismissed.