Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Attempted landing

  • 15 Aug 1990

    RE LI HUNG FAI AND OTHERS

    Citation
    RE LI HUNG FAI AND OTHERS
    Court
    Court of Appeal
    Case number
    CAAR9/1990

    The Court reaffirmed that the unlawful presence of an offender is the substantial sentencing element and the 15 months guideline remains an appropriate starting point in serious cases; mitigation for persons affected by a sudden unpublicized change in prosecution policy is limited to those who had legitimate expectation from prior practice, not to later arrivals; specific sentences in the appealed/reviewed cases were substituted accordingly and certain appeals/reviews dismissed or allowed as detailed.

  • 14 May 1990

    THE QUEEN v. LUNG HON WAH AND OTHERS

    Citation
    THE QUEEN v. LUNG HON WAH AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMA144/1990

    Because the government introduced a new prosecution policy targeting group arrivals without publicizing it and long-standing executive conduct had created a reasonable expectation of repatriation for first-time entrants, the court reduced the standard 15 month sentence to six months for first-time illegal entrants arriving in groups, and held that the mitigation applies equally to attempted landings.