6 Feb 2025
香港特別行政區 訴 仲一堯
- Citation
- [2025] HKCFI 1007
- Court
- Court of First Instance
- Case number
- HCMA457/2024
The appellate court, on rehearing, accepted the trial judge’s credibility findings and documentary proof (P16) that the appellant was expressly notified his extension was refused and to leave by 2018-12-31; that knowledge meant the appellant knowingly breached his stay conditions by remaining until arrest in 2023; no new admissible evidence justified overturning the conviction; the 9-month starting point reduced by one month for voluntary surrender to 8 months was proportionate given a 4 years 11 months overstay.