HKSAR v. SIDAENG PORNTHIP @ NIAMSANTHIAH BUAKLEE

HCMA86/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 86 OF 1999

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J U D G M E N T

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1. The Appellant pleaded guilty before the Magistrate in respect of a charge of being in contravention of a Prohibition Order issued by the Immigration Department.

2. She had two previous convictions in Hong Kong for immigration offences for which she had been sentenced to nine months' imprisonment. She used different identities or names to enter Hong Kong each time, except the first time when she came to Hong Kong to work as a domestic helper in 1990 in her own name.

3. In passing the sentence of nine months' imprisonment, the Magistrate took into account the case of R v Maria P. Flor, MA 1623/94, a decision of my brother Keith J, where he said :

" In my view, the appellant's entry into Hong Kong under an assumed name when she knew that there was a life-long prohibition on her coming to Hong Kong justified, again after giving credit for her plea of guilty, a sentence of 9 months imprisonment."

4. I do not see anything to show that the Magistrate in passing the sentence erred in principle or the sentence is in any way excessive. The appeal is accordingly dismissed.