HKSAR v. STA ISABEL ROSEMARIE M
- Citation
- HKSAR v. STA ISABEL ROSEMARIE M
- Status
- Judgment
- Jurisdiction
- Hong Kong
- Court
- Court of First Instance
- Decision
- 10 July 2007
- Posture
- Criminal Appeal (magistracy Appeal) / Court of First Instance Judgment on Appeal From STCC 3297 of 2007
- Case number
- HCMA579/2007
- Language
- English
More details
- Court
- Court of First Instance
- Decision
- 10 July 2007
- Posture
- Criminal Appeal (magistracy Appeal) / Court of First Instance Judgment on Appeal From STCC 3297 of 2007
- Case number
- HCMA579/2007
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Court dismissed the appeal because there was no proper basis to overturn the Magistrate's adverse credibility finding and therefore no basis to overturn the conviction for breach of condition of stay.
Court disposition
Appeal dismissed; conviction upheld.
Orders
- Appeal dismissed.
- Conviction for breach of condition of stay upheld.
02
Material facts
Parties
STA ISABEL ROSEMARIE M
Appellant Counsel: Appellant in PersonHKSAR
Respondent Counsel: Mr Cheung Wai-sun, Patrick, DPGC; Miss Agnes Chan, SGC (Department of Justice)03
Procedural history
Posture
Criminal Appeal (magistracy Appeal) / Court of First Instance Judgment on Appeal From STCC 3297 of 2007
04
Questions and positions
Legal issues
- 01
Whether the conviction for breach of condition of stay could be overturned on appeal
- 02
Whether the Magistrate erred in rejecting the appellant's evidence that she honestly believed she could remain due to communications with the Immigration Department
Party arguments
- Applicant
- Appellant pleaded that she remained beyond the permitted date because communications with the Immigration Department led her to honestly believe she could stay.
- Respondent
- Respondent submitted that the appellant remained past the permitted date, the Magistrate rejected her evidence, and there was no basis to overturn the conviction.
05
Court’s reasoning
Legal principles
- 01
Judgment reasoning by V. Bokhary J.
An appellate court will not interfere with a trial magistrate's findings of fact and credibility absent a proper basis to conclude they were wrong.
- 02
Judgment context
Remaining in the jurisdiction beyond the permitted condition of stay constitutes breach of condition of stay for purposes of criminal prosecution.
06
Ratio, limits and disposition
Ratio decidendi
The Court dismissed the appeal because there was no proper basis to overturn the Magistrate's adverse credibility finding and therefore no basis to overturn the conviction for breach of condition of stay.
Court disposition
Appeal dismissed; conviction upheld.
- Appeal dismissed.
- Conviction for breach of condition of stay upheld.
Source and reliance status
Court of First Instance · 10 July 2007
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court of First Instance
Judgment· 10 July 2007
bjbj HCMA 579/2007
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE MAGISTRACY APPEAL NO. 579 OF 2007 (ON APPEAL FROM STCC 3297 OF 2007) ____
BETWEEN HKSAR Respondent and STA ISABEL ROSEMARIE M Appellant ____ Before: The Honourable Mrs Justice V. Bokhary in Court Date of Hearing: 10 July 2007 Date of Judgment: 10 July 2007 ___
J U D G M E N T ___ The Appellant s condition of stay limited her stay in Hong Kong to 11 June 1999 at the latest, but she remained here beyond that day so that she was still here on 10 April 2007 when she was arrested. Charged with breach of condition of stay, her evidence was that she remained in Hong Kong because, as the result of communications between her and the Immigration Department, she honestly believed that she could do so. The Magistrate rejected her evidence. Despite everything put forward by the Appellant in support of her appeal against conviction, I find no basis on which I can properly overturn her conviction for breach of condition of stay. Accordingly the appeal is dismissed. (V. Bokhary) Judge of the Court of First Instance High Court Appellant in Person Mr Cheung Wai-sun, Patrick, DPGC and Miss Agnes Chan, SGC, of the Department of Justice, for the Respondent
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