HKSAR v. MUSHTAQ ALI

HCMA001152/1997

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 1152 OF 1997

(On appeal from WSC 18264 of 1997)

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BETWEEN
HKSAR Respondent
AND
MUSHTAQ ALI Appellant

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Coram: The Honourable Mrs Justice V. Bokhary in Court

Date of Hearing: 24 March 1998

Date of Judgment: 24 March 1998

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J U D G M E N T

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1. The Appellant, a man in his late 20’s from Pakistan, appeared before I.S.C. Candy, Esquire in the Magistrate’s Court sitting at Westernon 27th November 1997 and pleaded guilty to one charge of breach of condition of stay and one charge of making a false representationto an Immigration Assistant. On the breach of condition of stay charge he was sentenced to three months’ imprisonment, and on thefalse representation charge he was sentenced to a consecutive term of three months’ imprisonment. He was under a suspended sentenceof nine months’ imprisonment for breach of condition of stay on a previous occasion. Three months of that sentence was activatedto run consecutively to the sentences which were imposed upon him for the present offences. So the total sentence became one of ninemonths’ imprisonment. He now appeals against sentence.

2. In his Notice of Appeal against sentence, the general grounds of appeal are that the total sentence was too severe. In court, heasked me to reduce his sentence on humanitarian grounds.

3. Having regard to all the circumstances in this case, I am satisfied that he has not been dealt with too severely at all. I also donot consider that there are any strong humanitarian ground for me to reduce the sentence.

4. Accordingly, the appeal is dismissed.

Representation:

Mr. F. A. Veltro, S.G.C. for Respondent.

Appellant, Mushtaq Ali, present in person.

(V. Bokhary)
Judge of the Court of First Instance,
High Court