DCCC 748/2013





Hoang Van Long
also known as
Pham Huy Cudng


Before: Deputy District Judge Longley

Date: 18 September 2013 at 3.40 pm

Present: Mr Alex Wong, PP of the Department of Justice, for HKSAR
Mr Li Wai-choi, Samuel, of Samuel Li & Co, assigned by the Director of Legal Aid, for the defendant

Offence: (1) Remaining in Hong Kong without the authority of the Director of Immigration after having landed unlawfully in Hong Kong (在香港非法入境後未得入境事務處處長授權而留在香港)
(2) Breach of deportation order (違反遞解離境令)


Reasons for Sentence


1. Hoang Van Long, you have been convicted on your own pleas of the offences of unlawful remaining in Hong Kong after having landedhere unlawfully – that is Charge 1; and breach of a deportation order, Charge 2.

2. The deportation order was made on 19 February 1999. It followed your conviction on 30 September 1998 of the offences of unlawfulremaining and possessing a false instrument. The deportation order required you to leave Hong Kong and prohibited you from returning,and on 22 April 1999, you were deported back to Vietnam. Within a year you had breached that order and had returned to Hong Kongin the year 2000. In that year you were convicted of breach of the deportation order and possessing a false document.

3. The offences before the court today represent the second time you have breached the deportation order and the third time you havebeen convicted of the offence of unlawful remaining. On this occasion you were arrested on 5 July 2013 at a flat in Bedford Road,Tai Kok Tsui. You claimed that you had entered Hong Kong illegally two days earlier by boat from Guangzhou and had come here tolook for work.

4. I have listened to all that has been said by Mr Li on your behalf, but I am satisfied there are no real circumstances of mitigationin this case. I am sure Mr Li will have told you that the normal sentence after a plea of guilty for the offence of unlawful remainingis 16 months’ imprisonment. That, however, is for a first offender. This is the third time that you have committed the offenceof unlawful remaining.

5. On the last occasion you committed this offence, you were sentenced to 18 months’ imprisonment for this offence. Clearly thatsentence did not deter you from returning.

6. I am satisfied that the appropriate sentence for that offence is 21 months’ imprisonment.

7. Your return to Hong Kong is made more serious by the fact that this was the second time that you have breached the deportation ordermade against you on 22 April 1999.

8. I am satisfied that the appropriate sentence after plea for the offence of breach of deportation order on this occasion is 2 years’imprisonment.

9. On Charge 1, I sentence you to 21 months’ imprisonment. On Charge 2, I sentence you to 24 months’ imprisonment.

10. Both sentences are to run concurrently, and as a result, you are sentenced to a total of 2 years’ imprisonment.

P.K.M. Longley
Deputy District Judge