Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Unlawful presence/immigration offence

Legal area

Court

11 May 1999

HKSAR v. NG KIN KWOK

Citation

HKSAR v. NG KIN KWOK
Court

Court of Appeal
Case number

CACC619/1998

The Court held there was no merit in the appeal; the sentencing judge properly selected starting points, correctly treated the immigration offence as aggravated by prior unlawful entries and prior offending, appropriately applied discounts for plea, and the asserted medical grounds did not justify reducing the imposed sentences; the application was dismissed but three months of custody were ordered not to count towards the sentence.
4 Jun 1998

HKSAR v. KUNG SUEN

Citation

HKSAR v. KUNG SUEN
Court

Court of Appeal
Case number

CACC53/1998

The Court accepted the judge's approach of identifying objective starting points (three years for each burglary), applying the totality principle to set a combined starting point of five years, and then deducting 18 months for guilty pleas to arrive at a total effective sentence of 3.5 years; the Court held that, despite force in the applicant's contention, 3.5 years was the correct total sentence and dismissed the appeal.