Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Employment by unlawful entrants

  • 27 Oct 2010

    HKSAR v. WASIM ASHRAF

    Citation
    HKSAR v. WASIM ASHRAF
    Court
    Court of First Instance
    Case number
    HCMA244/2010

    The Court held that the deterrent sentence established in So Man-king (15 months' imprisonment after plea) is the appropriate starting point for offences under section 38AA(1)(a) and (b) of the Immigration Ordinance; that consistency with s38(1) and the legislative purpose justified applying the same guideline; that humanitarian assistance and the procedural framework for claims do not displace the need for deterrent sentencing; and that adjustments remain permissible for mitigation and aggravation (including credit for custody), but the individual appeals before the Court were dismissed and…

  • 27 Oct 2010

    HKSAR v. BALDEV SINGH

    Citation
    HKSAR v. BALDEV SINGH
    Court
    Court of First Instance
    Case number
    HCMA379/2010

    The Court held that the deterrent sentence established in So Man-king (15 months imprisonment after plea) is the appropriate guideline for offences under section 38AA(1)(a) and (b); the present statistical evidence of increased illicit arrivals and abuse of recognizance justifies applying the same deterrent approach as for section 38(1); mitigating factors (guilty plea, humanitarian considerations, voluntary surrender) and credit for time in detention remain available for adjustment, but the baseline sentence for culpable conduct under s.38AA is 15 months.