Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Unlawful entry and remaining in hong kong

  • 6 Dec 2005

    HKSAR v. CHAN MAN

    Citation
    HKSAR v. CHAN MAN
    Court
    Court of Appeal
    Case number
    CACC359/2005

    Leave to appeal out of time was granted; the court found no aggravating factors to justify enhancing the sentence above the So Man King guideline of 15 months; the sentence for the immigration offence was reduced from 18 months to 15 months and the total sentence adjusted to 4 years 7 months imprisonment.

    • Unlawful entry and remaining in hong kong
    • Sentencing guidelines (so man king)
    • Manifestly excessive sentence
    • Leave to appeal out of time
    • Totality principle

  • 29 Aug 2002

    HKSAR v. HOANG VAN GIA

    Citation
    HKSAR v. HOANG VAN GIA
    Court
    Court of First Instance
    Case number
    HCMA690/2002

    The appeal was dismissed because the Magistrate's sentencing was within legal principles: consecutive terms were justified by authority and the appellant's repeated unlawful entry and convictions; the appellant's personal circumstances did not merit reduction of the overall 32 month sentence.

    • Possession of forged identity card
    • Possession of false instrument
    • Unlawful entry and remaining in hong kong
    • Breach of deportation order
    • Consecutive sentencing
    • Mitigation and personal circumstances

  • 10 Sept 1999

    HKSAR v. CHAU FUNG

    Citation
    HKSAR v. CHAU FUNG
    Court
    Court of First Instance
    Case number
    HCMA456/1999

    The Magistrate's individual sentences and the concurrency arrangement resulting in a total term of 21 months were within statutory limits and consistent with binding local authorities; the appellant's personal and humanitarian circumstances did not make the sentences manifestly excessive, therefore the appellate court will not interfere.

    • Possession of offensive weapon
    • Possession of offensive weapon in a public place
    • Unlawful entry and remaining in hong kong
    • Concurrent sentencing
    • Totality principle
    • Sentence appeal