Hong Kong Case Law: Decisions & Judgments

Topic

Unlawful stay

Legal area

Court

4 Dec 2014

HKSAR v. S M KAWSAR AHAMMED also known as JAYNOL HAQUE, HAQUE JAYNOL, KAOSAR JAMIR AHMED,MAKSUD SHIKDAR GEME

Citation

HKSAR v. S M KAWSAR AHAMMED also known as JAYNOL HAQUE, HAQUE JAYNOL, KAOSAR JAMIR AHMED,MAKSUD SHIKDAR GEME
Court

Court of Appeal
Case number

CACC282/2014

The Court allowed the appeal in part and reduced the sentence on charge 3 by three months solely on humanitarian grounds (the appellant's wife died after sentencing and there is a young daughter), while confirming the other sentences; total sentence reduced from 24 months to 21 months imprisonment.
5 Jun 2013

HKSAR v. ALI ASGHAR

Citation

HKSAR v. ALI ASGHAR
Court

Court of First Instance
Case number

HCMA158/2013

The trial judge properly accepted the police officer's credible testimony that he observed the appellant driving a forklift and tidying scrap material, the disputed defence evidence was either rejected for lack of credibility or excluded as inadmissible hearsay, and there was no justification to overturn the magistrate's credibility findings; accordingly the appeal against conviction was dismissed.
24 Apr 1998

HKSAR v. Iu King Wa

Citation

HKSAR v. Iu King Wa
Court

Court of First Instance
Case number

HCMA190/1998

The Magistrate's reduction of the standard sentence and the imposition of concurrent terms were within lawful sentencing discretion and not manifestly excessive, therefore the appeal must be dismissed.
12 Mar 1996

THE QUEEN v. HUI PIK CHING

Citation

THE QUEEN v. HUI PIK CHING
Court

Court of First Instance
Case number

HCMA1045/1995

Appeal allowed because the Magistrate was unaware of a sufficiently strong humanitarian ground (appellant's son's severe illness) and the appellant had already served a substantial part of the sentence, warranting immediate release despite the sentences being otherwise proper.
14 Jun 1995

R. v. WONG CHING CHA

Citation

R. v. WONG CHING CHA
Court

Court of First Instance
Case number

HCMA200/1995

The appellate court accepted that while there were no special humanitarian grounds warranting full mitigation, the appellant's first-time entry and extremely short stay justified reducing the sentence to enable her prompt return to China; the appeal was allowed to the extent of reducing the sentence to facilitate repatriation.
16 May 1991

THE QUEEN v. YU KWOK SING

Citation

THE QUEEN v. YU KWOK SING
Court

Court of First Instance
Case number

HCMA1490/1990

The appeal was allowed and the sentence reduced to permit immediate release because the appellant was a first-time offender, had served a substantial part of the sentence, and presented compelling humanitarian grounds (mother's critical illness).

Hong Kong Case Law

HKSAR v. S M KAWSAR AHAMMED also known as JAYNOL HAQUE, HAQUE JAYNOL, KAOSAR JAMIR AHMED,MAKSUD SHIKDAR GEME

HKSAR v. ALI ASGHAR

HKSAR v. Iu King Wa

THE QUEEN v. HUI PIK CHING

R. v. WONG CHING CHA

THE QUEEN v. YU KWOK SING