HKSAR v. WONG SHING SANG

HCMA534/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.534 OF 1999

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J U D G M E N T

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1. In this particular case, the Appellant was charged with Remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong.

2. The particulars stated that the Appellant, on 10th April 1999, at a hillside in Tsing Yi Road, Tsing Yi, Hong Kong, having landed in Hong Kong unlawfully, did remain in Hong Kong without the authority of the Director of Immigration.

3. On 13th April 1999, the Appellant appeared before Mr Casewell sitting in Tsuen Wan and pleaded guilty to the charge. He was then represented by the Duty Lawyer. The admitted facts show the police found the Appellant at the hillside opposite Ching Nam Street, Tsing Yi. Upon further investigation, the Appellant's illegal status was discovered.

4. The Appellant had a similar conviction in February 1998 and was sentenced to 15 months' imprisonment. In his mitigation, the Duty Lawyer informed the Court that the Appellant was 24 years of age and had some kind of lung problem. His parents and families were all in China.

5. The learned Magistrate imposed a term of 18 months after taking into account the Appellant's previous unlawful entry into Hong Kong. The Appellant is now appealing against that sentence. He requested a reduction in sentence saying that his home town in China had some famine problem. He acknowledged, however, that he had no proof for such a situation.

6. I have read the transcript and the Reasons for Sentence. I cannot find any fault in the learned Magistrate's reasoning and approach in his sentence. The Appellant had entered Hong Kong unlawfully in 1998 and soon afterwards he again returned to the territory illegally. It is a sad case for a young man like the Appellant to leave his home town and come all the way to Hong Kong alone to look for a living, and now he has to face the imprisonment. But I am unable to find any ground to interfere with the sentence imposed. I would only say that I hope the Appellant will not return to Hong Kong unlawfully again after this incident.

7. I shall dismiss the appeal accordingly.