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Hong Kong Case Law

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Criminal law 香港特別行政區 訴 江平建

香港特別行政區 訴 江平建

The magistrate did not err in principle or degree when imposing concurrent 9‑month terms with a 3‑month reduction for the appellant's self‑report/plea; the 18‑month starting point endorsed in prior authorities is not manifestly excessive and the ultimate concurrent sentence was reasonable; the appeal is dismissed.

  • Use of false travel document
  • False statement to immigration officer
  • Sentencing principles
  • Guilty plea and mitigation
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Immigration law HKSAR v. LUO CHUNHONG

HKSAR v. LUO CHUNHONG

The High Court dismissed a sentence appeal for false travel document offences, holding that a valid permit and the circumstances of production did not justify lower sentencing.

  • Use of false travel document
  • Possession of false travel document
  • Starting point for sentence
  • Guilty plea mitigation
  • Voluntary surrender mitigation
  • Immigration-offences
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Immigration law 香港特別行政區 訴 何大全

香港特別行政區 訴 何大全

The court refused to admit the appellant's late documents because they were hearsay, inconsistent with official identity records, and did not satisfy the statutory tests for fresh evidence; the trial judge's credibility findings and admissions were reasonable and entitled to deference, therefore the convictions and concurrent 18-month sentences were affirmed and the appeal dismissed.

  • Use of false travel document
  • False statements to immigration officer
  • Admissibility of interview records
  • Admission of fresh evidence on appeal
  • Credibility findings and appellate deference
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Immigration law HKSAR v. HETTI ARACHCHIGE, SUMITH JAYASHANTHE

HKSAR v. HETTI ARACHCHIGE, SUMITH JAYASHANTHE

The Court of First Instance dismissed a magistracy appeal against a 12-month sentence for making a false representation to an immigration officer.

  • False representation
  • Identity fraud
  • Use of false travel document
  • Sentencing starting point and mitigation
  • Plea of guilty credit
  • Immigration-law
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Criminal law HKSAR v. LIN, HUASHENG

HKSAR v. LIN, HUASHENG

刑事上訴被駁回;法庭維持兩項與使用虛假旅行證件及虛假陳述有關的同期12個月監禁刑期,認為個人情況不足以偏離標準刑期。

  • Use of false travel document
  • False representation as to identity
  • Sentence consistency
  • Plea discount
  • Sentencing
  • Immigration-offences
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Immigration HKSAR v. SANOGO, MAMOUDOU

HKSAR v. SANOGO, MAMOUDOU

The High Court dismissed a sentence appeal after a guilty plea to making a false representation to an immigration assistant, holding that eight months’ imprisonment was not excessive.

  • False representation to immigration officer
  • Use of false travel document
  • Sentence starting point
  • Mitigation: guilty plea and good character
  • Immigration-offences
  • Sentencing
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Immigration law HKSAR v. SRI WIDAYATI

HKSAR v. SRI WIDAYATI

Appeal against sentence for immigration and identity offences dismissed. The High Court held the 15-month aggregate sentence was not manifestly excessive.

  • Use of false travel document
  • False representation to immigration officers
  • False particulars to registration officer
  • Overstay
  • Concurrent and consecutive sentencing
  • Mitigation and voluntary surrender
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Criminal law HKSAR v. CHEN CHUNHUA

HKSAR v. CHEN CHUNHUA

Appeal against sentence partly allowed on compassionate grounds, reducing the appellant’s total imprisonment from 8 months to 5 months and ordering immediate release.

  • Use of false travel document
  • Making false representation
  • Overstaying
  • Guilty plea discount
  • Compassionate grounds for sentence reduction
  • Sentencing-appeal
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Immigration law HKSAR v. HONG YINGJUN

HKSAR v. HONG YINGJUN

The High Court dismissed an appeal against sentence for false travel document and false representation offences, finding the magistrate’s sentencing approach and totality reasoning were sound.

  • Use of false travel document
  • False representation to immigration officers
  • Sentencing starting points for false two-way permits
  • Totality principle
  • Credit for time already served
  • Sentencing-appeal
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Immigration law HKSAR v. OU XIAOXIA

HKSAR v. OU XIAOXIA

Appeal against sentence for immigration offences dismissed, save for formalising the sentencing structure. The overall term of 18 months’ imprisonment was upheld.

  • False representation
  • Use of false travel document
  • Sentence totality
  • Starting point for sentence
  • Immigration-law
  • Criminal-sentencing
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.