HKSAR v. Lau Chau

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 116 OF 1998

(On appeal from KTC 58 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. This is an appeal against sentence, the sentence being one of 15 months' imprisonment passed on this Appellant, a man in his 50's, by H.A. Mierzak, Esquire sitting in the Magistrate's Court at Kwun Tong on 10th January this year following the Appellant's plea of guilty to one charge of remaining in Hong Kong without authority having landed unlawfully.

2. His general grounds of appeal are that his sentence was too severe. In court, he also asked me to reduce his sentence because of his family condition.

3. In all the circumstances, I am satisfied that the sentence imposed is an appropriate one and not too severe at all; and I do not consider that there any strong humanitarian grounds for me to interfere with the sentence.

4. The appeal is dismissed.

Representation:

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

Appellant, present in person.