HKSAR v. WU SAN FAI

HCMA753/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.753 OF 1999

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J U D G M E N T

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1. The Appellant pleaded guilty before a Magistrate to remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong.

2. When he was considering sentence, the Magistrate was shown the Appellant's record showing that he had three previous convictions for the same offence, one in July 1996, one in January 1997 and the last one in March 1998. Following the case of the R v So Man King and Others [1989] 1 HKLR 142, the Magistrate sentenced the Appellant to 18 months' imprisonment. His decision is nothing but proper.

3. Before the Magistrate, the Appellant was represented by a duty lawyer. After mentioning the personal circumstances of the Appellant to the Magistrate, Counsel specifically mentioned that there was no humanitarian ground for the Magistrate to consider.

4. Attached to the Notice of Appeal, is a letter of the Appellant which mentioned that his parents were sick and before me, he reiterates that his parents are aged and sick and asks me to reduce his sentence to send him home early. However, he has not been able to produce any medical certificate or any sufficient proof to support his ground.

5. I am not persuaded that in such circumstances there are sufficient materials for the Court to reduce the sentence on humanitarian grounds. I therefore dismiss the appeal.