HKSAR v. Raksaboondasri Charoenporn (also known as Boondasri Thanaporn, Mok Amra, Dasri Sangwan, Sae Loy Noi, Dasri Amra and Dasri Sangwal)

DCCC 636/2019

[2020] HKDC 1205

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO.636 OF 2019

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Reasons for Sentence

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Charge

1.The Defendant pleads guilty to 8 charges of breach of deportation order. 

Facts

2.The Defendant was allowed to stay in Hong Kong as a dependent of her resident husband in 1987 and a Hong Kong Identity Card under the name of MOK Amra as later issued to the Defendant. On 20 December 2007, a deportation order under reference SF(D)11485 was issued against the Defendant in the names of MOK Amra, DASRI Amra, DASRI Sangwal and SAE LOY Noi, according to which the Defendant was required to leave Hong Kong and was prohibited from being in Hong Kong at any time thereafter. The said deportation was served to the Defendant on 28 December 2007. The Defendant was deported to Bangkok, Thailand on 31 December 2007 and she understood the order. The deportation order remained in force and had never been rescinded.

3.On 27 March 2019, Immigration Department conducted an anti-illegal worker operation at The Capitol, LOHAS Park, Tseung Kwan O and arrived at the refuse collection point of Tower 5. The immigration officers conducted proof of identify check against the persons present at the scene. The Defendant, who was present at the scene, produced a Hong Kong Identity Card under the name of MOK Amra to Immigration Assistant LEUNG Chun-sing. Preliminary record check revealed that the Defendant was a subject of deportation order for life. The Defendant was arrested.

4.Upon search of the Defendant’s personal belongings, the following personal documents were found in the Defendant’s handbag: -

(a) A Thai Passport under the identity of DASRI Amra with date of birth as 23 June 1960 issued on 25 January 2010; and

(b) A copy of a Hong Kong Permanent Identity Card under the identity of LAU Samruay with date of birth as 4 February 1954.

5.In her residence in Sau Mau Ping was found the following exhibits: -

(a) A Thai Passport under the identity of RAKSABOONDASRI Charoenpom with date of birth as 23 June 1960 (“ID1”) issued on 26 December 2016; and

(b) A Thai Passport under the identity of BOONDASRI Thanaporn with date of birth as 23 June 1960 (“ID2”) issued on 19 November 2014:

(c) A Thai Passport under the identity of DASRI Sangwan with date of birth as 23 June 1960 (“ID3”）issued on 1 August 2011;

(d) A Thai Passport under the identity of DASRI Amra with date of birth as 23 June 1960 (”ID4”) issued on 12 March 2009;

(e) A Thai Passport under ID4 issued on 28 May 1983;

(f) A Thai National Identity Card under ID1; and

(g) A copy of Explanatory Note dated 2 November 2007 regarding the deportation order issued to the Defendant.

6.The Defendant remained silent under caution.

7.Fingerprint comparison confirmed that the Defendant was the subject of the deportation order dated 20 December 2007 under reference SF(D)11485.

8.Movement record revealed that the Defendant had travelled to Hong Kong using her Thai passport and was granted permission to land under ID2 on 26 November 2014 [Charge 1] and 10 January 2015 [Charge 2]; and under ID1 on 31 December 2016 [Charge 3], 17 January 2017 [Charge 4], 15 May 2017 [Charge 5], 10 June 2017 [Charge 6] and 14 September 2017 [Charge 7].

9.On 16 September 2017, the Defendant presented for arrival clearance on the strength of a Thai passport under ID1. The Defendant was permitted to remain in Hong Kong as a visitor until 18 September 2017. The Defendant did not leave and remained in Hong Kong until she was intercepted on 27 March 2019 [Charge 8].

10.The Defendant, being a person in respect of whom a deportation order was in force, was in Hong Kong on (1) 26 November 2014, (2) 10 January 2015, (3) 31 December 2016, (4) 17 January 2017, (5) 15 May 2017, (6) 10 June 2017, (7) 14 September 2017 and (8) 27 March 2019 in contravention of the deportation order dated 20 December 2007 under reference SF(D) 11485.

Mitigation

11.The Defendant is now 60 years old.  She enters Hong Kong repeatedly as particularized in the charges, primarily to look after her ailing husband, who died on 12 April 2018, and spend time with her elder sister and two nieces who reside in Hong Kong.

12.According to the movement record, each time from 26 November 2014 (Charge 1) to 14 September 2017 (Charge 7) that she had entered Hong Kong, she would stay no more than one and a half months, as allowed by her visa.  On 16 September 2017, she entered Hong Kong and was allowed to stay until 18 September 2017 only, as the immigration had suspicion of her traveler status.  On that occasion, she overstayed for 18 months until intercepted on 27 March 2019, resulting in Charge 8.     

13.She had one record for breach of deportation order in 1980 and other offences dissimilar to the present ones from 1983 to 2007.  There is no basis for aggravating her present sentence based on her previous records.

14.Her counsel Mr. Wong refers me to the case of HKSAR v Joned Asri CACC 345/2012 where the defendant pleaded guilty and received a sentence of 59 months for 10 charges in respect of 10 breaches of deportation order between 20 June 2010 and 29 February 2012.  The judgment did not present any element of overstaying.  The Court of Appeal reduced the sentence to 33 months. 

Present sentence

15.I take 27 months as the starting point for each of Charges 1 - 7.  After the one-third discount for the plea of guilty, the sentence is 18 months.

16.I take 30 months as the starting point for each of Charge 8 as it involves an overstay of 18 months after the breach of deportation order.  After the one-third discount for the plea of guilty, the sentence is 20 months.

17.By totality, I make the following adjustment:

(1) 20 months to be served on Charge 8;

(2) 2 months of each to be served consecutively on Charges 1 – 7, and consecutively to Charge 8;

(3) Total sentence is 34 months.