HKSAR v. Omar Faruk

HCMA 380/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MAGISTRACY APPEAL NO 380 OF 2014

(ON APPEAL FROM STCC 1333 OF 2014)

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Before: The Honourable Mrs Justice V Bokhary in Court

Date of Hearing: 5 September 2014

Date of Judgment: 5 September 2014

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J U D G M E N T

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1.This Appellant, who came to Hong Kong in 2006 and is a torture claimant, was convicted after trial in the Magistrates Court on a charge of taking employment while being a person in respect of whom a removal order is in force. He now appeals against the sentence of 21 months and 18 days’ imprisonment which the Magistrate passed on him.

2.In arriving at the sentence, the Magistrate reasoned in the following way.  The appropriate sentence following a guilty plea would have been 15 months’ imprisonment. Since the Appellant had pleaded not guilty, that was to be adjusted upwards to a starting point of 22 months and 2 weeks’ imprisonment.  No discount should be given for the neck muscular pain from which the appellant suffers because that medical condition can be adequately dealt with in prison.  There would, however, be a discount of 26 days because the Appellant had been in administrative detention for that number of days before being released on recognizance in 2007.

3.Whatever the human sympathy due to persons in the Appellant’s situation, I feel unable to say that the sentence passed in this case is out of line with the established level. The appeal is therefore dismissed.

The appellant appeared in person

Ms Audrey Parwani, of the Department of Justice, for the respondent