Hong Kong Case Law: Decisions & Judgments

Topic

Transit passenger

Legal area

Court

30 Jul 2014

HKSAR v. JI GUOBIN

Citation

HKSAR v. JI GUOBIN
Court

Court of First Instance
Case number

HCMA243/2014

The offences were serious and date of birth is a material particular, but on the special facts (document likely genuinely issued but containing a false date of birth, no evidence of intent to remain or seek employment, very short stay of about 30 minutes and effectively transit circumstances) the appropriate starting point was reduced to 9 months for each charge; applying a one-third discount for guilty pleas produced concurrent sentences of 6 months imprisonment on each charge, which the court ordered as the total sentence.
9 Dec 2005

RE OGUNADE MICHAEL K.

Citation

RE OGUNADE MICHAEL K.
Court

Court of First Instance
Case number

HCAL155/2005

The application for leave to issue a writ of habeas corpus was dismissed: habeas corpus will not lie to challenge past detentions that were made pursuant to court orders; the applicant's current detention is lawful as it follows a valid conviction and sentence; jurisdictional and arrest-related complaints must be pursued on appeal and do not render present detention unlawful.
5 Jan 1990

THE QUEEN v. RAQUEL M. GARCIA

Citation

THE QUEEN v. RAQUEL M. GARCIA
Court

Court of First Instance
Case number

HCMA1317/1989

The learned Magistrate had not given sufficient weight to the appellant's status as a transit passenger and to the distinction between mere possession in transit and use of false documents to enter or leave Hong Kong; prevalence of the offence among non‑transit offenders was not shown to apply to transit passengers, reducing the justification for a one‑year custodial sentence, and the sentence was therefore reduced to six months imprisonment concurrent.

Hong Kong Case Law

HKSAR v. JI GUOBIN

RE OGUNADE MICHAEL K.

THE QUEEN v. RAQUEL M. GARCIA