Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Establishing or joining a business while a removal order is in force

  • 28 Mar 2017

    HKSAR v. ZAIB, PHOOL

    Citation
    HKSAR v. ZAIB, PHOOL
    Court
    Court of First Instance
    Case number
    HCMA2/2017

    The magistrate's careful assessment that PW1 was a credible and reliable witness and that the prosecution proved the appellant was hawking and sold a bag was not plainly wrong; therefore the conviction under ss 38AA(1)(b) and 38AA(2) of the Immigration Ordinance is upheld.

    • Establishing or joining a business while a removal order is in force
    • Hawking/illegal street trading
    • Credibility and reliability of witnesses
    • Standard of appellate review of factual findings

  • 28 Jun 2012

    HKSAR v DWI SAFITRI AND ANOTHER

    Citation
    HKSAR v DWI SAFITRI AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA210/2012

    The magistrate applied the correct sentencing principles from Usman Butt, set a 15‑month starting point, deducted administrative detention to reach 13 months, and correctly activated the existing 4‑week suspended sentences to run consecutively; therefore the appeals against sentence fail.

    • Establishing or joining a business while a removal order is in force
    • Overstaying
    • Removal order
    • Activation of suspended sentence
    • Sentencing starting points