HKSAR v. Sta Isabel Rosemarie M

HCMA 579/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 579 OF 2007

(ON APPEAL FROM STCC 3297 OF 2007)

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BETWEEN

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Before : The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing : 10 July 2007

Date of Judgment : 10 July 2007

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J U D G M E N T

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1.The Appellant’s condition of stay limited her stay in Hong Kong to 11 June 1999 at the latest, but she remained here beyond that day so that she was still here on 10 April 2007 when she was arrested.  Charged with breach of condition of stay, her evidence was that she remained in Hong Kong because, as the result of communications between her and the Immigration Department, she honestly believed that she could do so.  The Magistrate rejected her evidence.

2.Despite everything put forward by the Appellant in support of her appeal against conviction, I find no basis on which I can properly overturn her conviction for breach of condition of stay.

3.Accordingly the appeal is dismissed.

Appellant in Person

Mr Cheung Wai-sun, Patrick, DPGC and Miss Agnes Chan, SGC, of the Department of Justice, for the Respondent