HKSAR v. SHAHID RASHEED

HCMA682/2004

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.682 OF 2004

(ON APPEAL FROM KTCC 4593 OF 2004)

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J U D G M E N T

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1. The appellant was convicted on his own plea of one charge of "Breach of condition of stay" and sentenced to 10 weeks' imprisonment. He now appeals against sentence.

2. The facts as agreed by the parties were as follows :

"On 11 June 2004, the defendant was arrested by the police for having overstayed. The defendant was subsequently referred to the Immigration Department for further investigation.

Enquiries revealed that the defendant came here on 10 January 2002 on the strength of Pakistani passport and was permitted to remain as a visitor until 24 January 2002. However, the defendant did not leave on or before this date as required and had since overstayed for two years and four and a half months."

3. In passing sentence, the Magistrate took a starting point of 15 weeks. He alluded to the claim that someone had tried to kill the appellant in Pakistan but obviously, and quite rightly took no heed of it as a mitigating factor.

4. Before me, the appellant repeats another point that he had already told the Magistrate, that is, his mother is hospitalized in Pakistan with a heart problem. I am not however satisfied that this presents any situation which would justify a reduction in sentence.

5. There is no merit in this appeal. It is dismissed.