HKSAR v. Liu Kwok Hau

HCMA000118/1999

HCMA118/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 118 OF 1999

---------------

---------------

Coram : Hon Woo J. in Court

Date of hearing : 5 March 1999

Date of judgment : 5 March 1999

------------------------

J U D G M E N T

------------------------

1. This is an appeal against conviction. The Appellant was convicted of remaining in Hong Kong without the authority of the Director of Immigration after having landed in Hong Kong unlawfully. That offence took place on 26 November 1998.

2. The Appellant did not plead guilty before the Magistrate. The reason was that he maintained that in mid-November 1997, the police had arrested him in Hong Kong for his illegal entry but he was simply repatriated. On that occasion he was not prosecuted, and he could not understand why it was necessary to prosecute him on this occasion since he had not committed any crimes in Hong Kong.

3. The learned Magistrate explained to the Appellant that since he had a previous conviction in Hong Kong, he came within the prosecution policy and if he had in fact simply been repatriated in November 1997, that must have been due to an oversight by the prosecuting authorities.

4. Before me, despite the explanation to him by the Magistrate, the Appellant argued the same matter all over again. In fact he is attacking the whole prosecution system in Hong Kong. The crux of the matter as I see it is that he is complaining why he was not prosecuted in November 1997, and that, according to him, was an unfair application of the prosecution policy. I do not see, however, any connection, logical or otherwise, of that with the present conviction. He admitted in evidence that he had sneaked into Hong Kong on the day in question before the Magistrate, and before me he again admits that he came to Hong Kong illegally.

5. The Appellant has raised no ground whatsoever in support of his appeal and if I may say so, it is a total waste of time. But of course what he says in appeal reminds us in Hong Kong that we should be very vigilant in prosecuting all illegal entrants into our territory. I dismiss the appeal.

Representation:

Mr William Lam, SGC of DPP, for HKSAR

Appellant in person, present