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HCMA547/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MAGISTRACY APPEAL NO. 547 OF 2008
(ON APPEAL FROM TWCC 1503 OF 2008)
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BETWEEN
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HKSAR |
Respondent |
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and |
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NGUYEN, THI-CHINH (阮氏貞) |
Appellant |
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Before: Deputy High Court Judge Line in Court
Date of Hearing: 24 July 2008
Date of Judgment: 24 July 2008
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J U D G M E N T
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1. This is an appeal against sentences of 21 months’ imprisonment passed following pleas of guilty to remaining in Hong Kong unlawfully and for being in breach of a deportation order. They were ordered to be served partially overlapped, producing a total sentence of 27 months.
2. The Appellant is a 33-year-old Vietnamese woman. In 1997, she received 15 months for remaining in Hong Kong without authority, being here with false papers. In 1998 a deportation order was made against her. In 2000, she came back to Hong Kong, again with forged papers and, this time, was sentenced to 18 months for remaining in Hong Kong and 15 months concurrently for the breach of a deportation order. Notwithstanding that, she came back yet again in 2002, again in breach of the deportation order, and was sentenced to 18 months’ imprisonment for that with 2 months consecutively for dealing with goods to which the Dutiable Commodities Ordinance applied.
3. This is a woman that will not learn. The overall sentence of 27 months is one that is entirely justified, given the history I have related.
4. Today the Appellant has addressed me on the basis that she has received threats from a moneylender in Vietnam, threats directed towards her family, particularly her young sons. She reads a letter allegedly written by the loan-shark to her, which she received in prison. I have grave doubts whether that is a bona fide letter. Even if it is, what can be done about it? The Appellant tells me that the loan-shark does not know that she is here in prison because intermediaries have not revealed that fact. I would have thought the first thing someone in the Appellant’s position would want to do is to say “I can’t earn money and pay you back because I’m in prison” and the sooner she says that, the better, it seems to me.
5. This Court cannot control the actions of moneylenders in Vietnam and the idea of letting this woman go immediately now is simply unrealistic. The longer she is away, demonstrably unable to earn money and therefore satisfy the alleged demands of the loan-shark, the better, probably, for the family.
6. The sentences were perfectly proper ones and the appeal against them is dismissed.
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(P Line)
Deputy High Court Judge |
Representations:
Mr Gavin Shiu, Senior Assistant Director of Public Prosecutions of the Department of Justice, for the Respondent
Appellant Nguyen, Thi-chinh (阮氏貞), in person
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