YEUNG CHAU FONG v. HKSAR

FAMC No. 14 of 1999

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 14 OF 1999 (CRIMINAL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM HCMA No. 100 OF 1999)

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D E T E R M I N A T I O N

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Chief Justice Li:

1. This is the determination of the Appeal Committee.

2. The applicant, Madam Yeung Chau Fong, came to Hong Kong on 28 March 1997 on a permit which allowed her to remain until 8 June 1997. She was arrested on 22 November 1998 for overstaying. She was charged with an offence under sec 11 of the Immigration Ordinance for contravening a condition of stay which was limited until 8 June 1997. By the time of her arrest, she had overstayed for a period of about one year and five months.

3. She pleaded guilty. She had two previous similar convictions. The magistrate imposed a fine of $2,000 and a sentence of imprisonment of two months suspended for a period of three years. She appealed to the judge who reserved the case to the Court of Appeal. That Court dismissed her appeal.

4. She now seeks leave to appeal. As in the courts below, she relies on her family circumstances. Her husband, who is here, is working and the two young children aged about 3 and 5 have to be looked after. She asked that she be allowed to stay in Hong Kong to look after them and take them to school.

5. As with the courts below, we feel sympathy for the applicant's circumstances and appreciate the distress she must feel. But we have no power to intervene to enable her to stay.

6. Her application does not meet any of the criteria for appeal. Her application for extension of time and her application for leave must be dismissed.