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…