R. v. Bui Duc Tho

HCMA000903/1995

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 903 OF 1995

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Coram: Hon. Duffy, J. in Court

Date of hearing: 15 November 1995

Date of handing down judgment: 21 November 1995

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J U D G M E N T

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1. This was an appeal against a total sentence of 22 months. The Appellant had been convicted on his own plea of breach of a deportation order for which he was sentenced to four months' imprisonment, and remaining in Hong Kong without the authority of the Immigration Department, for which he was sent to prison for 18 months. The sentences were ordered to be served consecutively.

2. Mr Poll, who appeared on the appeal pointed out that the learned magistrate had not specifically rejected the mitigation put forward by the Appellant in the court below. I felt that there were some merit in this point, and that the learned magistrate ought to have indicated that he did not accept the account of events given by the Appellant in mitigation. Nevertheless, the sentences themselves were in all regards proper, and I was in agreement with the learned magistrate that the sentences ought to be made to run consecutively. It is obviously important that those in breach of Deportation Orders are seen to serve separate and distinct sentences for that offence. However, as an act of mercy, I was prepared to allow the appeal and to reduce the sentence to one of 18 months simply by making the sentences run concurrently.

Representation:

Mr Wesley W.C. Wong, C.C., for Crown

Mr Michael Poll, (D.L.A.), for Appellant