HKSAR v. HARBHAJAN SINGH AND ANOTHER

HKSAR v. HARBHAJAN SINGH AND ANOTHER

The magistrate's acceptance of PW1 as reliable and the primary facts proved that both appellants were performing manual labour moving pallets, permitting the irresistible inference they were taking employment while removal orders were in force; on rehearing the High Court accepted those findings and upheld convictions and sentences.

Citation
HKSAR v. HARBHAJAN SINGH AND ANOTHER
Parties
Respondent: HKSAR; 1st Appellant: Harbhajan Singh; 2nd Appellant: Mukesh Kumar
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 November 2017
Case Number
HCMA85/2017
Procedural Posture
Magistracy Appeal (criminal) / Appeal Rehearing in High Court; Judgment
Outcome
Appeal dismissed; convictions and sentences upheld.
Legal Topics
Taking Employment While Removal Order in Force, Appeal by Rehearing, Witness Credibility, Sentence Review
Source Language
EN
Criminal Law Immigration Law Sentencing Evidence Law Taking Employment While Removal Order in Force Appeal by Rehearing Witness Credibility Sentence Review

Case Brief

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Parties

HKSAR

Respondent

Harbhajan Singh

1st Appellant

Mukesh Kumar

2nd Appellant

Procedural Posture

Magistracy Appeal (criminal) / Appeal Rehearing in High Court; Judgment

Legal Issues

  1. 1 Whether appellants were taking employment while a removal order was in force
  2. 2 Whether the magistrate was entitled to accept the credibility of the police witness (PW1)
  3. 3 Whether the sentences imposed were manifestly excessive or wrong in principle

Ratio Decidendi

The magistrate's acceptance of PW1 as reliable and the primary facts proved that both appellants were performing manual labour moving pallets, permitting the irresistible inference they were taking employment while removal orders were in force; on rehearing the High Court accepted those findings and upheld convictions and sentences.

Court Disposition

Appeal dismissed; convictions and sentences upheld.

Orders

  • Appeal against conviction and sentence refused
  • Each appellant's custodial sentence of 22 months and 2 weeks is upheld