HKSAR v. Hoang, Van Tuong

HCMA135/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO.135 OF 2009

(ON APPEAL FROM ESCC NO.150 OF 2009)

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BETWEEN

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Before:  Deputy High Court Judge Line in Court

Date of Hearing:  7 May 2009

Date of Judgment:  7 May 2009

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J U D G M E N T

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1.The Appellant in this case pleaded guilty to three charges:  possession of an identity card relating to another; remaining in Hong Kong without the authority of the Director of Immigration; breach of a deportation order.  He was sentenced to a total of 30 months’ imprisonment. 

2.This was eighth time he had been convicted of the offence of being here in breach of a deportation order and it was the eighth time he had been convicted of remaining in Hong Kong illegally. 

3.When asked if he had anything to say in support of his appeal, all he could say was that he would like to go back to Vietnam as soon as possible. 

4.In fact, on the last occasion, in November of 2006, for an identical set of offences, he received a total of 3 years’ imprisonment.  The total sentence of 30 months was not a day too long. 

5.The appeal against the sentence is dismissed.

Representations:

Ms Grace Chan, Senior Public Prosecutor, of the Department of Justice, for the Respondent

Appellant: HOANG, Van Tuong (黃文祥), in person