10 Aug 1988
THE QUEEN v. KONG WAI PAI
- Citation
- THE QUEEN v. KONG WAI PAI
- Court
- Court of First Instance
- Case number
- HCMA536/1988
The Court affirmed that a 15‑month custodial sentence is the appropriate starting guideline for most offences under s38(1) Immigration Ordinance; mitigation is available for guilty pleas, voluntary surrender and strong humanitarian factors, and prior executive non‑enforcement may properly reduce sentence; previous unlawful entries and use of forged identity documents are aggravating. Applying these principles the Court dismissed the appeal of the repeat offender and reduced sentences of first‑time offenders to six months.