Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Illegal immigrants

Legal area

Court

8 Mar 2007

HKSAR v. AU KAM YUI

Citation

HKSAR v. AU KAM YUI
Court

Court of First Instance
Case number

HCMA1111/2006

The appellate court held the magistrate's starting point of 18 months was excessive given the totality of the circumstances and comparative authorities; allowed the appeal and reduced the sentence to eight months imprisonment on a revised starting point of twelve months.
19 May 1992

R. v. CHAN SHING CHOI

Citation

R. v. CHAN SHING CHOI
Court

Court of Appeal
Case number

CACC196/1991

Where illegal immigrants are not concealed in a place from which escape in an emergency would have been difficult and the vessel is seaworthy, the appropriate sentence on a plea of guilty for an offence under s.37C(1) is four years' imprisonment; a higher starting point is only justified by the presence of the specific aggravating features referred to above.