HKSAR v. Chan Siu Pei
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HCMA000176/1999 1999, HCMA 176 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE （APPELLATE JURISDICTION） MAGISTRACY APPEAL NO. 176 OF 1999 _______________
________________ Coram: The Honourable Mrs Justice V. Bokhary in Court Date of Hearing: 11 May 1999 Date of Delivery of Judgment: 11 May 1999 ________________ J U D G M E N T ________________ 1. This Appellant appeared before I.S.C. Candy Esquire on 30th October 1998 in the Magistrate's Court at Kwun Tong on one charge of remaining in Hong Kong without the authority of the Director of Immigration after having landed here unlawfully, contrary to section 38(1)(b) of the Immigration Ordinance, Cap. 115. He pleaded guilty and was sentenced to 12 months' imprisonment. He now appeals against sentence. 2. In his reasons for sentence, the Magistrate said this:
3. This appeal against sentence is brought out of time with an extension granted by the Magistrate. In a statement attached to the application for extension of time for giving notice of appeal, the Appellant said that his mother has recently been diagnosed of having lung cancer and that his wife has fallen down a tree when she went to the mountain to chop and collect firewood. Both have nobody to look after them now, physically or financially. Further, as a result of his wife's fall, no one is looking after his mentally retarded child at home. He has produced documents substantiating those claims. 4. The Appellant has now been incarcerated for over six months. Apparently he is due to be released on the 27th of June this year. 5. Having considered everything before me and purely on humanitarian grounds and without the slightest criticism of the Magistrate of course, I allow the appeal to reduce the sentence to the extent necessary to permit the Appellant's release today.
Representation: CHAN Siu-pei, Appellant in person Mr. Paul K. Madigan (of the Department of Justice) for the Respondent |