Hong Kong Case Law: Decisions & Judgments

Topic

Unlawful landing

Legal area

Court

17 Oct 2014

HKSAR v. DING QIJING

Citation

HKSAR v. DING QIJING
Court

Court of Appeal
Case number

CACC75/2014

The judge erred in treating the criminality under s39 as if it were s37 and applying the higher customary s37 starting point; having regard to the statutory distinction, the Court of Appeal set an appropriate starting point of 4½ years for the s39 offence, allowed a 3-month uplift for absent safety equipment, applied a one-third guilty plea discount, and resentenced the applicant to 38 months on Charge 1, with the previously ordered two months consecutive on Charge 3 left intact resulting in a total of 40 months imprisonment.
5 Sept 2013

HKSAR v. HOANG, THI PHUONG

Citation

HKSAR v. HOANG, THI PHUONG
Court

Court of First Instance
Case number

HCMA396/2013

Because the forged Hong Kong identity card was used to obtain employment, the appropriate total sentence is higher than the baseline 15 months for mere remaining unlawfully; applying the totality principle the court reduced the cumulative consecutive 30 months to an overall concurrent sentence of 18 months by increasing the identity card offence to 18 months and making it run concurrently with 15 months for unlawful remaining.
18 Feb 2013

HKSAR v. UJAH, IKECHUKWU HILARY

Citation

HKSAR v. UJAH, IKECHUKWU HILARY
Court

Court of First Instance
Case number

HCMA625/2012

The appeal was dismissed because the magistrate's rejection of the appellant's innocent-loss explanation was supported by cogent reasons, the appellant failed to rebut the presumption under section 62(1) and the irresistible inference was that he re-entered Hong Kong unlawfully after 29 January 2009; absence of an image did not undermine that conclusion.
7 Oct 2011

HKSAR v. ANOWAR HOSSAIN

Citation

HKSAR v. ANOWAR HOSSAIN
Court

Court of First Instance
Case number

HCMA534/2011

The court allowed the appeal in part, holding that the originally ordered consecutive 6 months was excessive; applying the totality principle the court reduced the total sentence from 24 to 18 months by ordering that only 3 months of the sentence on Charge 2 run consecutively with the sentence on Charge 1; humanitarian evidence was insufficient to justify further reduction.
2 Aug 2011

HKSAR v. MUGHAL ZIA UR REHMAN

Citation

HKSAR v. MUGHAL ZIA UR REHMAN
Court

Court of First Instance
Case number

HCMA403/2011

The Court found no error in the magistrate's evaluation of evidence or credibility: the prosecution proved the offence beyond reasonable doubt on the police constable's account, and the 21‑month sentence conformed to established guideline authority absent mitigating circumstances, therefore both conviction and sentence were upheld.
28 Mar 2008

HKSAR v. TSOI SHAN SHAN

Citation

HKSAR v. TSOI SHAN SHAN
Court

Court of First Instance
Case number

HCMA1229/2007

The plea was unequivocal and therefore the conviction stands; however, new factual material showing entry on 23 December 2002 supported treatment as an overstaying offence which warranted a reduced sentence. The appellate court reduced the sentence from 12 months to 9 months while dismissing the appeal against conviction.
20 Mar 2007

HKSAR v. CHEN JUAN

Citation

HKSAR v. CHEN JUAN
Court

Court of First Instance
Case number

HCMA223/2007

The Magistrate's imposition of 15 months' imprisonment was appropriate; pregnancy and desire to give birth in Hong Kong did not amount to exceptional circumstances to reduce the usual sentence, and prior breaches justified maintaining the sentence.
19 May 1999

HKSAR v. CHAN YING LUNG

Citation

HKSAR v. CHAN YING LUNG
Court

Court of First Instance
Case number

HCMA293/1999

The appeal was dismissed and the extension of time refused because the magistrate had lawfully applied the relevant prosecution/sentencing guideline, properly took into account the appellant's plea and clear record, and there was no demonstrated humanitarian or other basis to disturb the 15 month sentence.
25 Feb 1999

HKSAR v. CHEUNG CHAU YUK AND ANOTHER

Citation

HKSAR v. CHEUNG CHAU YUK AND ANOTHER
Court

Court of First Instance
Case number

HCMA1245/1998

The sentence of 15 months imprisonment on each appellant was within the proper exercise of the magistrate's discretion and there was no ground for the court to interfere; appeals dismissed.
25 Jun 1997

R. v. WONG CHI KEUNG

Citation

R. v. WONG CHI KEUNG
Court

Court of First Instance
Case number

HCMA111/1997

Because the passport evidence established lawful entry and therefore only overstaying (not remaining after having landed unlawfully), the facts did not support the second charge; accordingly the conviction on that charge was quashed and no retrial ordered given the prosecution's position.