HKSAR v. Muhammad Saif

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 107 OF 1998

(On appeal from WSC 289 of 1998)

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Coram: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 26 March 1998

Date of Judgment: 26 March 1998

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J U D G M E N T

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1. The Appellant, a man in his 20's from Pakistan, appeared before I.S.C. Candy, Esquire in the Magistrate's Court sitting at Western on 7th January this year and pleaded guilty to one charge of breach of condition of stay and one charge of making a false representation to an Immigration Assistant.

2. On the breach of condition of stay charge, he was sentenced to three months' imprisonment; and on the false representation charge, he was sentenced to three months' consecutive imprisonment. He was under a suspended sentence of two months' imprisonment for breach of condition of stay on a previous occasion. That sentence was activated. So the total sentence became one of eight months' imprisonment.

3. He now appeals against his sentence. He had set out his grounds of appeal in a statement attached to the Notice of Appeal against Sentence.

4. In court, he told me that his father had passed away in 1996 and that his mother was very ill; and that he would like to go back to look after his mother and also to continue with his studies. I am not persuaded of the genuineness of what he has told me on these matters.

5. Having considered everything in this case, I do not consider that the sentence is too severe at all; and I do not consider that there are any strong humanitarian ground for me to interfere with the sentence.

6. The appeal is dismissed.

Representation:

Mr Wesley W.C. Wong, Senior Government Counsel, for the Respondent.

Appellant, present in person.