19 Oct 2015
HKSAR v. RAMOS, MARLON P
- Citation
- HKSAR v. RAMOS, MARLON P
- Court
- Court of First Instance
- Case number
- HCMA449/2015
The 20‑year overstay made the case exceptional and justified the magistrate adopting the maximum 24‑month starting point; time not actually spent in detention (the hypothetical 6 months) cannot be credited; although 18 days administrative detention could be deducted under the court's discretion and s67A(1A) nexus, that credit is subsumed within the generous 4‑month reduction already allowed for surrender, so no additional deduction is given; the sentence of 12 months is appropriate and is affirmed.