HKSAR v. CHAN CHI HOI

HCMA197/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO.197 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 to unlawfully remaining in Hong Kong and was sentenced to 18 months' imprisonment.

2. In the Reasons for Sentence, the Magistrate stated that the Appellant was aged 25 years and had three previous similar convictions. He also stated that there were no humanitarian factors and he acted in accordance with the principles laid down in R v So Man King & others [1989] 1 HKLR 142, R v Chan Wun Sang & another [1993] 1 HKCLR 46 and also R v Tse Choi Shing MA104/91(unreported), to consider that a sentence of 18 months on an illegal immigrant with three similar convictions being described as lenient. I agree with him.

3. The grounds of appeal advanced by the Appellant before me were that his native village had an earthquake last year, that he was suffering from venereal disease and that his wishing to be released earlier was for the purpose of informing his girlfriend who was in Shenzhen of the possibility of her contracting the same disease.

4. These grounds do not and cannot found any basis for me to interfere with the sentence passed by the Magistrate. Nor do I find that the Magistrate's sentence excessive in any way. I dismiss the appeal.