Hong Kong Case Law: Decisions & Judgments

Topic

Illegal remaining

Legal area

Court

25 Nov 2016

HKSAR v. TRINH THI MAI APPELLANT

Citation

HKSAR v. TRINH THI MAI APPELLANT
Court

Court of First Instance
Case number

HCMA470/2016

Although the magistrate's individual sentences were within principled ranges, it was unfair for the appellant to suffer an aggregate effective term of 33 months when closely connected offences had been or could have been dealt with together; having regard to the chronology, related offences already served (15 months), and totality, the appropriate overall sentence is 12 months imprisonment to run concurrently.
5 Feb 2016

HKSAR v. BASHIR, SHAKEEL

Citation

HKSAR v. BASHIR, SHAKEEL
Court

Court of First Instance
Case number

HCMA702/2015

15 months for illegal remaining was appropriate and not excessive; statutory deduction did not apply to the short custody period claimed; full concurrency with the 10 year drug sentence would unjustly ignore the appellant's commission of serious drug trafficking while released on recognizance, but totality requires limiting the consecutive exposure — result: allow appeal in part so that 6 months run concurrently and 9 months run consecutively with the existing 10 year sentence.
23 Nov 2012

HKSAR v. TANVEER HUSSAIN

Citation

HKSAR v. TANVEER HUSSAIN
Court

Court of First Instance
Case number

HCMA660/2012

The appeal was allowed because the Magistrate correctly refused to treat Immigration administrative detention as falling within s67A credit and correctly declined to apply statutory remission for good conduct as a matter for the prison authority; consequent adjustment by remission was not available to the court and post‑sentence events could not be considered, but having regard to totality and other factors the sentence was substituted to permit the appellant's immediate release.
7 Jul 2010

HKSAR v. DEV MANI SUBEDI

Citation

HKSAR v. DEV MANI SUBEDI
Court

Court of First Instance
Case number

HCMA393/2010

Although the appellant's humanitarian claim was of doubtful genuineness, his voluntary surrender to the authorities (and the 18 days' detention) warranted an additional reduction of sentence; balancing the circumstances and precedent, a further 3 months discount was appropriate, reducing the sentence from 14 to 11 months imprisonment.
17 Jun 2009

HKSAR v. ZHANG JINLIAN

Citation

HKSAR v. ZHANG JINLIAN
Court

Court of First Instance
Case number

HCMA288/2009

The court held that the magistrate's individual and aggregate sentences were justified and not manifestly excessive; the total sentence of 27 months imprisonment was appropriate and the appeal against sentence was dismissed.
24 Jan 2004

HKSAR v. NGUYEN THI HONG ANH

Citation

HKSAR v. NGUYEN THI HONG ANH
Court

Court of First Instance
Case number

HCMA1/2004

The appeal was dismissed because the magistrate correctly concluded there were no humanitarian grounds sufficient to reduce sentence; the 15-month term for illegal remaining was appropriate under established sentencing guidelines and the suspended sentence was properly activated to run consecutively because the present offence was committed during the operational period, demonstrating a flagrant disregard of the law.
13 Nov 2003

HKSAR v. MANG GU ZHI HAN

Citation

HKSAR v. MANG GU ZHI HAN
Court

Court of First Instance
Case number

HCMA936/2003

The appeal was dismissed because the Magistrate applied a proper starting point, lawfully increased it in light of the appellant's eight prior similar convictions and the need for deterrence, and the final sentence of 2 years was not manifestly excessive or wrong in principle.
14 Aug 1997

HKSAR v. WONG Kin-ping

Citation

HKSAR v. WONG Kin-ping
Court

Court of First Instance
Case number

HCMA602/1997

The court upheld the magistrate's 15-month sentence because the magistrate properly considered the appellant's prior convictions and there were no mitigating matters to justify a reduction; therefore the appeal is dismissed.
16 Jul 1996

THE QUEEN v. WONG TO

Citation

THE QUEEN v. WONG TO
Court

Court of Appeal
Case number

CACC202/1996

The Court held the five-year starting point for robbery was appropriate given the weapon and fear caused but found the trial judge underweighted exceptional mitigation (surrender, likely non-identification, true remorse) and so increased the guilty-plea discount by six months, reducing the robbery sentence from 3 years 3 months to 2 years 10 months and the total sentence to 3 years 1 month; the Court affirmed that concurrency for unlawful remaining is not automatic and depends on totality.
5 Sept 1991

THE QUEEN v. TSO FUNG

Citation

THE QUEEN v. TSO FUNG
Court

Court of First Instance
Case number

HCMA85/1991

The appeal against the 15 month sentence for illegal remaining is allowed and reduced to 9 months because the appellant's bereavement and attempted suicide constitute sufficiently strong humanitarian mitigation to justify reduction; the magistrate's adverse credibility finding on possession of the paper cutter was appropriate and the consecutive 2 month sentence for that offence is maintained.