HKSAR v. WONG KIT

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

1998, No. 536
(Criminal)

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J U D G M E N T

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Mayo J.A. (giving the judgment of the Court):

1. The Applicant pleaded guilty to one charge of burglary and one charge of remaining in Hong Kong without the permission of the Director of Immigration, contrary to s.38(1)(b) of the Immigration Ordinance, Cap. 115. He was sentenced to a total of 2 years 8 months imprisonment. He now seeks leave to appeal against these sentences.

2. The facts were simple. The occupier of domestic premises was woken up by the sound of someone in her residence. She went out of the bedroom and saw the Applicant. He fled. She made a report to the police. Later the Applicant was arrested. He admitted this offence and it was immediately apparent that he was an illegal immigrant. This was not the first occasion the Applicant had sneaked into Hong Kong and committed an offence.

3. Judge Poon the sentencing Judge in the District Court adopted 3 years as the starting point for the burglary of domestic premises and gave the Applicant the usual 1/3 discount. She sentenced the Applicant to the usual 15 months for the immigration charge and ordered that 8 months of the immigration charge was to run consecutive to the burglary count.

4. This was an entirely correct sentence.

5. There is nothing in what the Applicant says in his application which would justify us in reducing these sentences. This application is totally without merit. We order that 3 months of the time the Applicant has spent in custody will not count towards the sentence he is serving.