Read the full judgment text of CACC 000312/1993 on BabelCite. This Court of Appeal judgment was delivered on 10 March 1994 before Silke, V-P, Macdougall, V-P and Nazareth, JA.
Criminal law – immigration – unauthorised entrants – crew of ship – thermal imager evidence – presumption under s.37K(1) Immigration Ordinance – appeal against conviction – appeal against sentence – leave out of time – The two applicants were convicted of being crew of a ship entering Hong Kong with unauthorised entrants and sentenced to five years imprisonment – They sought leave to appeal against conviction and sentence – The Court of Appeal rejected all grounds of appeal against conviction, finding the judge was entitled to accept PW1's thermal imager evidence and apply the s.37K(1) presumption – Leave to appeal against sentence out of time was refused as no good reason for delay was given and the sentence was not excessive – Applications dismissed.
Legal issues: Appeal against conviction · Appeal against sentence (leave out of time)
Outcome: Leave to appeal against conviction refused; leave to appeal against sentence out of time refused.