Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Overstaying (immigration)

Legal area

Court

8 May 2002

HKSAR v. MIRZA MOHAMMAD SHABBIR

Citation

HKSAR v. MIRZA MOHAMMAD SHABBIR
Court

Court of First Instance
Case number

HCMA318/2002

The appellant failed to demonstrate that his imprisonment caused exceptional or extreme hardship to his family such that the legitimate and important interest of the Hong Kong community in having offenders serve imprisonment should become secondary; therefore humanitarian grounds did not justify reducing the concurrent sentences, and the appeal was dismissed.
21 Dec 2001

HKSAR v. TIONGSON PATRICIA MANALAD

Citation

HKSAR v. TIONGSON PATRICIA MANALAD
Court

Court of Appeal
Case number

CACC268/2001

Overstaying sentences must reflect the length of overstay and aggravating features such as employment during overstay and must be anchored to consistent starting points from precedent; a full one‑third discount applies for an early plea of guilty. Applying those principles the proper starting point for the overstaying here was 4 months reduced to 3 months; the 2 year burglary sentence and the decision to run sentences consecutively were justified by breach of trust and premeditation and are affirmed, resulting in a total effective sentence of 2 years 3 months after reduction of the overstay t…