HKSAR v. LAU CHI KWONG

HCMA1008/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.1008 OF 1998

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J U D G M E N T

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1. This is an appeal against sentence. It is an immigration case. The Appellant was stopped in Tai Hang, Hong Kong on 19th August 1998 and he had somebody else's identity card on him. He also had a pager and some other property which had been stolen.

2. He had unlawfully arrived in Hong Kong from the Mainland. He is aged 42 and pleaded guilty before the magistrate to the immigration and theft offences. The magistrate sentenced him to 15 months' imprisonment for the immigration offence and three months' for the other offences, to run concurrently to each other but consecutively to the first charge, making a total of 18 months.

3. The appellant has addressed me and drawn to my attention the fact that he has children on the Mainland, and that his wife left him some two years ago. He also tells me that his aged parents are ill. These are all family circumstances of which he was aware when he decided to come here unlawfully, and the blame for the situation in which he and his family find themselves lies at his door and should not be put at the door of this court.

4. The sentences imposed by the magistrate were within the range of sentences normally imposed for this type of offences. They can be said to be neither manifestly excessive nor wrong in principle and accordingly this appeal is dismissed.