HKSAR v. LI YUK SHING

HCMA 1149/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 1149 OF 1998

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J U D G M E N T

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1. This case was listed before me as an appeal against conviction for an offence of remaining in Hong Kong without the authority of the Director of Immigration. It became plain on hearing the appellant, who had pleaded guilty to the offence before the learned Magistrate, that he wished to appeal not against his conviction but against his sentence of 15 months' imprisonment. I gave him leave to appeal against that sentence out of time and treated the hearing as the appeal.

2. The appellant complains that his sentence is too severe and that in consequence of it his wife and family in the Mainland are suffering from the absence of his support. I have no doubt that that is so and I am sympathetic.

3. The appellant also tells me that his mother in the Mainland suffered a relapse in her ill health when she heard of his sentence. Again I am sympathetic to that.

4. However the fact of the matter is that the learned Magistrate imposed what is an entirely proper sentence for this offence, and that he did so having considered all pertinent matters.

5. This appeal both against conviction and sentence is dismissed.