HKSAR v. HUNG KONG

HCMA 605/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 605 OF 2002

(ON APPEAL FROM WSCC 14050/2001)

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J U D G M E N T

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1. The Appellant, appeals a sentence of two years imprisonment imposed upon him for remaining in Hong Kong without the authority of the Director of Immigration having landed here unlawfully. The sentence was imposed in December 2001. The appeal is brought out of time with leave of the sentencing court, despite the lack of any reason being advanced for the delay.

2. His age is uncertain. The charge sheet shows him as 66. He said in his application for leave to appeal out of time that he is 47. His criminal record suggests he is 48.

3. He is dumb and virtually deaf, but is literate and able to communicate by a combination of lip-reading and writing - that is what the Magistrate said. I am pleased to see today that he has recovered the power of speech.

4. The Appellant says that he came to Hong Kong to seek employment, not to commit any offence.

5. In sentencing the Appellant the Magistrate said "The Appellant has seven previous similar convictions. I could not and did not ignore those in sentencing him."

6. That is an entirely proper approach. The sentence is not manifestly excessive in the circumstances.

7. The appeal is dismissed.