HKSAR v. CHAN CHING HOI

HCMA 775/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 775 OF 1998

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J U D G M E N T

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1. This is an appeal against conviction and sentence. Following his guilty plea to two offences of remaining in Hong Kong without authority of the Director of Immigration and of making a false representation to an Immigration Officer the appellant was sentenced to concurrent terms of 12 months and 3 months imprisonment.

2. Before me the appellant has sought to say that he only pleaded guilty to these offences because his counsel in the court below advised him that he would only be fined and that in fact he is not guilty of the offences.

3. I have endeavoured at two hearings to ascertain precisely what it is that the appellant is now saying. It seems that he is saying that he received a Hong Kong Entry permit in 1979 and that he has not left Hong Kong since that date. On the information before me, helpfully provided by Mr Wong Counsel for the prosecution, that simply is not true.

4. There is no merit whatsoever in the appellant's appeal against conviction. His pleas of guilty before the learned Magistrate were not equivocal; they were tendered with the benefit of what I have no doubt was the very proper advice of counsel.

5. As to the sentences for these offences the learned Magistrate set out fully his reasons for them and he cannot be faulted in these reasons.

6. The appeal against sentence must accordingly also be dismissed.