HKSAR v. NGUYEN MINH MANH

DCCC459/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO. 459 OF 2011

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HKSAR
v.
Nguyen Minh Manh

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Before: Deputy District Judge A Yuen

Date: 10 June 2011 at 10.18 am

Present: Miss Monica Chan, PP of the Department of Justice, for HKSAR
Miss Chan So-yuen, Zoe, of Messer Fung & Fung, 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)

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Reasons for Sentence

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1. You have pleaded guilty to one count of illegal remaining in Hong Kong and one count of breach of deportation order.

2. Facts revealed that, you are Vietnamese and you entered China from Vietnam on the 10 April this year. You then sneaked into HongKong in the following date. You are subject to a deportation order issued on the 10 December last year.

3. The order prohibited you from being in Hong Kong at anytime thereafter.

4. In sentencing you, I taking into account your plea of guilty and totality principle and mitigation put forward by your counsel.

5. This is the second time you were convicted of the illegal remaining charge. Therefore, you should know clearly the sentencing guidelinefor this offence is one of 15 months after a plea of guilty.

6. Therefore, for the 1st charge you are sentence to 15 months’ imprisonment. For the 2nd charge, I also take 15 months as a startingpoint because of your plea, I’ll reduce it to 10 months, 3 months of which will run consecutively to the 1st charge, and thereforemaking the total sentence of 18 months.

A Yuen
Deputy District Judge