3 May 2006
The magistrate correctly applied the Court of Appeal guideline that a 15 month sentence is appropriate for an illegal remaining offence under s38(1) on a plea of guilty; given the appellant's immediate return after prior custody and absence of compelling humanitarian mitigation, the 15 month sentence was appropriate and the appeal is dismissed.
29 Feb 2000
Because both offences arose from the same incident the sentences should run concurrently; the two year sentence for breach of deportation order was excessive and reduced to 15 months; the 18 month sentence for illegal remaining was upheld; applying concurrency produced 18 months total which was further reduced by six months on humanitarian grounds to a final total of 12 months imprisonment.
26 Jul 1994
The magistrate's sentences were within established guidance for repeated unlawful remaining and the 3-month term for possession was reasonable; because the offences were distinct and the appellant's humanitarian evidence lacked credibility and appeared fabricated, the appeal failed and was dismissed, and the court lawfully exercised s122(3) to exclude one month of time in custody pending appeal from reckoning as part of the sentences.
23 Apr 1992
Given the appellant's three previous relevant convictions and the late admission of guilt, the sentence of 18 months' imprisonment for remaining in Hong Kong without authority was appropriate and not excessive; the appeal is dismissed.