HKSAR v. Le Thi Ngoc

DCCC 574/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 574 OF 2011

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Reasons for Sentence

1.The Defendant pleaded guilty to 3 charges.

(1) Using a forged identity card

(2) Remaining in Hong Kong unlawfully

(3) Breach of deportation order

2.At around 11:25 a.m. on 26 April 2011, PW2 intercepted the Defendant for an enquiry and found out that her identity document was placed inside the fast food shop.

3.They went into the fast food shop, the Defendant picked up her handbag and ran away.  PW2 intercepted the Defendant.

4.PW1 was the proprietor of the fast food shop, confirmed that on 11 March 2011, the Defendant presented a Hong Kong identity card to him to seek an employment as a janitor at his fast food shop.  PW1 produced the photocopy of the Hong Kong Identity Card to PW2.

5.The Defendant was arrested. Under caution, she admitted that she sneaked into Hong Kong on 11 March 2011 on board of a boat from Vietnam and presented the forged ID card to PW1 to employ her as a janitor.

6.The Defendant landed in Hong Kong unlawfully on 26 April 2011 and she was also in contravention of a Deportation Order dated 17 August 2007.

Criminal Record

1/2007	Theft and illegal remaining
11/2009	Illegal remaining
	Breach of deportation order

Mitigation

7.The Defendant is now 34.  Worked as a part time waitress in Vietnam.  Her husband is a taxi driver earns about $40 per day.  Their daughter is going to secondary school in this coming September. She came to Hong Kong because of financial pressure.  She is now remorseful.

Sentence

8.The defence submitted to this court of a case of HKSAR v. Zhang MingHua HCMA 547/2006 that a sentence of 15 months after plea should be appropriate for the 1^st charge.

9.In HKSAR v. Hau Hoi-tung CACC 39/2002, the Court of Appeal upheld a sentence of 21 months when the Defendant pleaded guilty to “Illegal remaining” for the 3^rd time.

10.In HCMA 1091/2000 HKSAR v. Vu Dinh Phong, the Court upheld that a sentence of 3 years as a starting point for a repeated offender for both offences of illegal remaining and breach of deportation order. 

11.The Defendant has been sentenced before on two occasions of illegal remaining and one offence of breach of deportation order.  

12.The Defendant was fully aware that when she entered into Hong Kong, she was in breach of the Deportation Order and her status was illegal.  She came to Hong Kong to work and was well prepared that she has arranged a false ID card to present to PW1.  She also knew that it was illegal.  That explained the fact when she was asked by PW2 to produce her ID card, she ran away because she knew full well that she was going to face a long sentence. 

13.The previous sentences clearly carried no deterrence effect to stop her from coming back to Hong Kong.

14.Therefore, a long sentence is called for.

Charge 1	15 months after plea.
Charge 2 and 3	Starting point 30 months reduced to 20 months, 3 months in charge 3 be run consecutively to charge 2.   A total of 23 months for charge 2 and 3.
	10 months in charge 1 be run consecutively to charge 2. The final total is 33 months.