The Queen v. Lam Siu-tung

HCMA000585/1989

IN THE SUPREME COURT OF HONG KONG

(APPELLATE JURISDICTION)

MAGISTRACY APPEAL NO. 585 OF 1989

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BETWEEN

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Coram: de Basto, J.

Date of hearing: 9 August 1989

Date of judgment: 4 September 1989

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JUDGMENT

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1. This is an appeal against a sentence of 18 months for remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong.

2. This was the second time the appellant had come illegally to Hong Kong - the first time was on the 16th of February of this year - he was repatriated on the 22nd of February. On the 6th of April he was arrested by the Police at a TV Game Centre in Shamshuipo for being an illegal immigrant from China.

3. In The Queen and SO Man-king, Mag. App. No. 408/88, the Court of appeal said that 15 months should be used as the basic guideline. It also said:

'' On the other hand, the Court should take into account by upward adjustment, any previous unlawful entry, whether resulting in prosecution or not, and other circum-stances which may aggravate the offence, ... "

4. I am wholly unable to say that the sentence of 18 months, in a case where the appellant had come illegally to Hong Kong before, is wrong in principle or manifestly excessive.

5. The appeal against sentence is dismissed.

Representation:

Mr Bailey, Sr Crown Counsel for Crown.

Mr Dixon Tang assigned by D.L.A. for appellant.