HKSAR v. ALTAF HUSSAIN

HCMA334/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.334 OF 2002

(ON APPEAL FROM NKCC 1441 OF 2002)

----------------------

-----------------------

---------------------

J U D G M E N T

----------------------

1. This is an appeal against sentence. The appellant was convicted on his own plea of a wounding offence, contrary to section 19 of the Offences Against the Persons Ordinance, Cap.212. It arose out of an assault on a business acquaintance of the appellant whereby the appellant struck the victim with his fist with a belt wrapped around it. The victim required a number of stitches to his head as a result. In respect of that, the appellant was sentenced to 10 months' imprisonment. The appellant was also convicted of providing a false name and personal particulars to police investigating that case, contrary to section 64(b) of the Police Force Ordinance, Cap.232. In respect of that offence, he was sentenced to one month's imprisonment, concurrent to the sentence imposed in respect of the first offence. The appellant was finally convicted of breaching a condition of his stay in Hong Kong by overstaying in Hong Kong for some six years after his permitted period of stay had finished, contrary to section 41 of the Immigration Ordinance, Cap.115. In respect of that offence, he was sentenced to eight months' imprisonment, of which only four months were to be served consecutively to the sentences imposed in respect to the other offences. The total sentence imposed on the appellant was 14 months' imprisonment.

2. The appellant quite sensibly does not complain before me today about the severity of his sentence. Rather, he advances a humanitarian reason as to why his sentence should be reduced. The humanitarian reason advanced by the appellant is that his mother has had some form of heart attack in Pakistan, and she is currently receiving hospital treatment there. From the terms of the medical letter produced by the appellant in support of this appeal, she requires continuing care.

3. The appellant is one of eight siblings. His brothers and sisters are currently in Pakistan, but the appellant claims that he is in the best position to help his mother as he is the eldest son.

4. In my judgment, the circumstances advanced by the appellant fall far short of the exceptional humanitarian reasons required to properly found an appeal of this sort. The appellant's mother's difficulties are unfortunately a part of life. It is the sort of thing which occurs to many people in any community, and those difficulties that the appellant's mother is at the present moment experiencing in my judgment cannot amount to such exceptional circumstances so as to allow a humanitarian basis for this appeal to succeed.

5. Accordingly, the appeal against sentence is dismissed.