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Hong Kong Case Law

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Immigration law [2020] HKCFI 370

HKSAR v. JARNAIL DASS

Appeal against a 14-month sentence for unlawful remaining in Hong Kong was dismissed. The court held remand time already credited to another offence cannot be deducted again.

  • Unlawful remaining
  • Remand credit
  • Concurrent and consecutive sentences
  • Appeal against sentence
  • Sentencing
  • Immigration-offences
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Immigration law HKSAR v. BUI VAN KHAI

HKSAR v. BUI VAN KHAI

The Court of Appeal held that sentences for unlawful remaining and breach of a deportation order should run concurrently, reducing the total term to 2 years 9 months.

  • Unlawful remaining
  • Breach of deportation order
  • Suspended sentence activation
  • Concurrent vs consecutive sentencing
  • Totality principle
  • Immigration-sentencing
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Criminal law HKSAR v. SHOHIDUL ISLAM

HKSAR v. SHOHIDUL ISLAM

High Court appeal against sentence for unlawfully remaining in Hong Kong. The court upheld a 13-month prison term and dismissed the appeal.

  • Unlawful remaining
  • Sentence guideline
  • Plea of guilty
  • Appeal against sentence
  • Sentencing
  • Appeal-against-sentence
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Criminal law HKSAR v. NGUYEN THI PHU

HKSAR v. NGUYEN THI PHU

Court of Appeal clarified sentencing tariffs for forged identity cards, unlawful remaining, and deportation-order breaches, and varied the appellants’ sentences.

  • Forged identity card
  • Unlawful remaining
  • Breach of deportation order
  • Concurrent vs consecutive sentencing
  • Sentencing guidelines
  • Forged-identity-card
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Criminal law HKSAR v. PHAM VAN HUNG

HKSAR v. PHAM VAN HUNG

Court of Appeal reduced and restructured sentence for unlawful remaining and breach of Deportation Order, ordering the terms to run concurrently for a total of 28 months.

  • Unlawful remaining
  • Breach of deportation order
  • Sentencing
  • Repeat offender
  • Unlawful-remaining
  • Breach-of-deportation-order
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Criminal law HKSAR v. PHAM VAN TUAN

HKSAR v. PHAM VAN TUAN

Court of Appeal partly allowed a sentence appeal, reducing Pham Van Tuan’s total term from 36 months to 29 months under the totality principle.

  • Possession of dangerous drug
  • Unlawful remaining
  • Breach of deportation order
  • Totality principle
  • Consecutive sentences
  • Guilty plea discount
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Criminal law HKSAR v. HU SHOUMEI

HKSAR v. HU SHOUMEI

Appeal against a 15-month sentence for unlawful remaining in Hong Kong was dismissed. The High Court upheld activation of a 4-week suspended sentence.

  • Unlawful remaining
  • Illegal entry
  • Sentence appeal
  • Activation of suspended sentence
  • Mitigation and credibility
  • Sentencing
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Criminal law HKSAR v. GHULAM FAREED

HKSAR v. GHULAM FAREED

The Court of First Instance dismissed a sentence appeal in a magistracy appeal, holding that the medical material did not justify mitigation and no binding promise of leniency was shown.

  • Breach of deportation order
  • Unlawful remaining
  • Sentencing mitigation
  • Humanitarian grounds
  • Judicial assurances
  • Sentencing
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Immigration HKSAR v. HUANG DONG PING

HKSAR v. HUANG DONG PING

The Court of First Instance dismissed a criminal appeal against convictions based on guilty pleas, holding the appellant failed to show the pleas were a nullity.

  • Unlawful remaining
  • Theft
  • Appeal against conviction
  • Guilty plea
  • Representation
  • Summary of facts
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Criminal law HKSAR v. LE THI THAO

HKSAR v. LE THI THAO

The High Court dismissed an appeal against a 24-month sentence for theft and immigration offences, finding the magistrate’s sentencing approach was not manifestly excessive.

  • Theft
  • Unlawful remaining
  • Breach of deportation order
  • Sentencing principles
  • Previous convictions
  • Concurrent and consecutive sentencing
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.