Read the full judgment text of CACC 000145/1995 on BabelCite. This Court of Appeal judgment was delivered on 23 November 1995 before Nazareth VP, Liu JA, Leonard J.
Criminal law and procedure – sentence – assisting the passage within Hong Kong of unauthorised entrants contrary to s.37D(1)(a) of the Immigration Ordinance Cap. 115 – appropriate starting point – absence of previous conviction in Hong Kong of a non-Hong Kong resident – whether five-year starting point applies – whether good character discount available to non-Hong Kong resident based only on clean Hong Kong record – whether leave to appeal out of time against sentence should be granted – applicant seen steering unlit vessel in Deep Bay toward Ha Pak Nai with two unauthorised entrants on board – applicant's claim that he was searching for a missing mainland Chinese fishing vessel disbelieved – trial judge found offence made out regardless of truth of explanation – starting point of four years adopted by trial judge found generous in light of Lo Shui Lun and Ng Kit Yuen – discount for good character based solely on absence of Hong Kong convictions inappropriate for non-Hong Kong resident without evidence of good citizenship in country of origin – six-month delay in filing notice of appeal against sentence with no acceptable reason – proposed grounds of appeal against sentence lacking merit – appeal against conviction dismissed – application for leave to appeal out of time against sentence refused – trial judge's headline sentence of 4 years reduced to 3 years and 10 months to account for remand custody not otherwise credited.
Legal issues: Appropriate starting point for sentence under s.37D(1)(a) Immigration Ordinance · Discount for good character for non-Hong Kong resident · Leave to appeal out of time against sentence
Outcome: Appeal against conviction dismissed; application for leave to appeal out of time against sentence refused.
Cited by 27 cases