Hong Kong Case Law: Decisions & Judgments

Topic

Illegal entry/remaining

Legal area

Court

10 Oct 2017

HKSAR v. ASIF MUHAMMAD

Citation

HKSAR v. ASIF MUHAMMAD
Court

Court of First Instance
Case number

HCMP1409/2009

Bail was refused because the applicant posed a real risk of failing to surrender and absconding given his history of breaching conditions and failing to attend court, the strong evidential case and admissions making conviction and a substantial custodial sentence likely, and the prosecution policy which would leave the immigration charge in abeyance for an indeterminate period while a non-refoulement claim is processed; these factors outweighed the applicant's time already served and justified refusal with liberty to reapply in two months.
1 Aug 2006

HKSAR v. TSO CHUN YAU

Citation

HKSAR v. TSO CHUN YAU
Court

Court of Appeal
Case number

CACC505/2005

The court found the judge had applied the guilty plea reduction on the burglary charge and lawfully imposed 21 months for illegal remaining due to the applicant's repeated illegal entries; counsel's conduct did not prejudice the applicant because mitigation and factual amendments were made and considered, therefore the application for leave to appeal against sentence is dismissed.
17 Jun 2003

HKSAR v. LIN PEILUAN

Citation

HKSAR v. LIN PEILUAN
Court

Court of First Instance
Case number

HCMA373/2003

The magistrate's adoption of an 18‑month starting point for offences involving false two‑way permits and related misrepresentation was justified by precedent; a one‑third reduction for an early guilty plea was applied yielding 12 months' imprisonment on each count to run concurrently; the appellant's personal circumstances did not amount to sufficient humanitarian grounds to disturb the sentence; therefore the appeal is dismissed.
9 Aug 2000

HKSAR v. LI SIU YU

Citation

HKSAR v. LI SIU YU
Court

Court of Appeal
Case number

CACC244/2000

The Court held the sentencing judge selected appropriate starting points, properly applied guilty plea reductions and concurrency, and therefore the aggregate sentence of 3 years and 4 months was not excessive and should be upheld.
21 Jan 1999

HKSAR v. TAI YUK SHAN

Citation

HKSAR v. TAI YUK SHAN
Court

Court of Appeal
Case number

CACC566/1998

The Court dismissed the application for leave to appeal because the sentence was not excessive and was in fact lenient given the applicant's repeated unlawful entries and prior burglary; the trial judge correctly applied a starting point and allowed the full one-third discount for the guilty plea. Because the appeal grounds were devoid of merit, the period in custody pending appeal (about two months) should be disallowed from reckoning against the 33-month aggregate sentence.
19 Jul 1994

R. v. KWOK HAU CHING

Citation

R. v. KWOK HAU CHING
Court

Court of First Instance
Case number

HCMA389/1994

The discovery, after sentence, of the appellant's mother's critical illness constituted a sufficiently strong humanitarian reason to depart from the So Man King sentencing guidelines; accordingly the appellate court set aside the original concurrent sentences and substituted sentences that permit the appellant's immediate release and repatriation to China.
17 May 1991

THE QUEEN v. CHAN CHUNG HO

Citation

THE QUEEN v. CHAN CHUNG HO
Court

Court of First Instance
Case number

HCMA60/1991

The appeal was allowed and the sentence reduced because the appellant's mother's critical medical condition, supported by fresh medical evidence, constituted compelling compassionate grounds to justify immediate release.

Hong Kong Case Law

HKSAR v. ASIF MUHAMMAD

HKSAR v. TSO CHUN YAU

HKSAR v. LIN PEILUAN

HKSAR v. LI SIU YU

HKSAR v. TAI YUK SHAN

R. v. KWOK HAU CHING

THE QUEEN v. CHAN CHUNG HO