HKSAR v. Hu Shoumei

HCMA 610/2010

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO. 610 OF 2010

(ON APPEAL FROM ESCC 3022/2010)

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BETWEEN

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Before: Deputy High Court Judge Andrew Chan in Court

Date of Hearing: 24 September 2010

Date of Judgment: 24 September 2010

Date of Reasons for Judgment: 13 October 2010

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REASONS FOR JUDGMENT

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1.The appellant pleaded guilty to one count of unlawful remaining in Hong Kong without the authority of the Director of Immigration and was sentenced to 15 months’ imprisonment. A 4 weeks suspended sentence passed in May 2010 for breach of condition of stay was also activated.

2.The appellant appealed against her sentence on the ground that the sentence was too severe.

3.On 17 July 2010, police officers entered one mahjong parlour in Wan Chai for licence check.  The appellant who was found playing mahjong inside could only produce her PRC identity card. Upon enquiry, the appellant revealed that she had paid CNY 6,000 for sneaking under a lorry to come to Hong Kong.

4.Appearing before me in person, the appellant claimed that because of debt back at home, she came to Hong Kong in search of work. Unable to repay any debt, her family now faces threats from debt collectors.

5.Apart from her own assertions, there was nothing to substantiate her claim. In any event, her assertions do not sit comfortably with the fact that she had paid CNY 6,000 to come to Hong Kong and was found playing mahjong in mahjong parlour.

6.The learned magistrate, after considering the appellant’s personal background and mitigation, passed a perfectly appropriate sentence.  The suspended sentence was also rightly activated. I do not see any grounds to disturb that sentence.

7.The appellant’s appeal against her sentence is therefore dismissed.

Mr Eddie Sean, SADPP, for the Respondent

The Appellant, in person