HKSAR v. HOANG GIA HAO

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

APPELLATE JURISDICTION

MAGISTRACY APPEAL NO. 816 of 1998

(On Appeal from NKC 5108 of 1998)

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J U D G E M E N T

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1. The Appellant pleaded guilty to two charges, (1) remaining in Hong Kong without the authority of Director of Immigration after having landed unlawfully in Hong Kong, (2) breach of deportation order. I don't propose to go into the facts of the case, I am given to understand the Appellant today is not seeking to criticize the severity of the sentence, instead, he urged upon me to act mercifully. He advanced the reason that he wanted to go back to Vietnam to look after his elderly parents. His father is now aged 74, his mother is now aged 72. It is, of course, axiomatic that given the proper circumstances, sentences can be reduced and sometimes are reduced to a great extent on the basis of humanitarian consideration. But in so considering whether there are such humanitarian factors, the court must have evidence before it in order to decide accordingly. There is no suggestion or for that matter any evidence to show that his parents are gravely ill.

2. There is nothing in this case that I can exercise mercy. I dismiss the appeal.