HKSAR v. FUNG YEE

HCMA 274/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 274 OF 2003

(ON APPEAL FROM KTCC 1344/2003)

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J U D G M E N T

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1. This is an appeal against sentence. The appellant was sentenced to four months' imprisonment, having pleaded guilty to an offence of theft and to 21 months' imprisonment consecutively for unlawfully remaining in Hong Kong. The facts of the theft were very simple. A lady had sat down on a bench by the Cultural Centre and put her backpack on the seat beside her. This appellant took it and made off with it. Happily, he was caught.

2. The magistrate took a starting point of six months' imprisonment for that theft. In the circumstances, I think that was a lenient sentence, especially in view of the fact that this man has a previous conviction for theft in Hong Kong for which he received three months' imprisonment in 1999. The sentence of 21 months for unlawfully remaining is longer than the usual 15 months, but it was fully justified because between the years of 1996 and 2001, this appellant had, on no less than six occasions, been convicted of remaining here unlawfully.

3. That history shows a complete disregard for our immigration laws. That persistence quite clearly justifies an increase in sentence and the increase of six months which the magistrate made is one that I judge to be entirely appropriate and proportionate. They are separate offences and there is every reason why the sentences should be consecutive.

4. Today, the appellant urges me to reduce his sentence so he can go back to Mainland China to have medical treatment on his wrist. That mitigation is robbed of any force it might have had because in front of the magistrate, he said that was the very reason he came to Hong Kong was so he could go to prison and have that treatment whilst in custody. This sentence is entirely proper. The appeal is without any merit and the order I make is to confirm the sentence passed by the magistrate.