由此
A A
B DCCC 574/2011 B
C C
IN THE DISTRICT COURT OF THE
D HONG KONG SPECIAL ADMINISTRATIVE REGION D
CRIMINAL CASE NO. 574 OF 2011
E E
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F HKSAR F
v.
G G
LE Thi Ngoc
H ----------------- H
I I
Before: Deputy District Judge M. Chow in Court
J Date: 12th July 2011 J
Present: Miss. Chan Sze Yan, Public Prosecutor for HKSAR/Director
K K
of Public Prosecution.
L Mr. Lok Hing Wah of Lok Hing Wah & Co Associates, L
assigned by D.L.A. for Defendant.
M M
Offence: Charge 1: Using a forged identity card, contrary to section
N 7A(1) of the Registration of Persons Ordinance, N
Cap.177.
O O
Charge 2: Remaining in Hong Kong without the authority
P of the Director of Immigration after having P
landed unlawfully in Hong Kong, contrary to
Q Q
section 38(1)(b) of the Immigration Ordinance,
R R
Cap.115.
S
Charge 3: Breach of deportation order, contrary to section S
43(1)(a) of the Immigration Ordinance, Cap115.
T T
U U
V V
由此
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A A
B B
Reasons for Sentence
C C
1. The Defendant pleaded guilty to 3 charges.
D D
(1) Using a forged identity card
E (2) Remaining in Hong Kong unlawfully E
(3) Breach of deportation order
F F
G 2. At around 11:25 a.m. on 26 April 2011, PW2 intercepted the G
Defendant for an enquiry and found out that her identity document was
H H
placed inside the fast food shop.
I I
3. They went into the fast food shop, the Defendant picked up
J J
her handbag and ran away. PW2 intercepted the Defendant.
K K
4. PW1 was the proprietor of the fast food shop, confirmed that
L L
on 11 March 2011, the Defendant presented a Hong Kong identity card to
M him to seek an employment as a janitor at his fast food shop. PW1 M
produced the photocopy of the Hong Kong Identity Card to PW2.
N N
O 5. The Defendant was arrested. Under caution, she admitted that O
she sneaked into Hong Kong on 11 March 2011 on board of a boat from
P P
Vietnam and presented the forged ID card to PW1 to employ her as a
Q janitor. Q
R R
6. The Defendant landed in Hong Kong unlawfully on 26 April
S 2011 and she was also in contravention of a Deportation Order dated 17 S
August 2007.
T T
U U
V V
由此
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A A
B B
Criminal Record
C C
1/2007 Theft and illegal remaining
D D
11/2009 Illegal remaining
E E
Breach of deportation order
F F
G Mitigation G
H H
7. The Defendant is now 34. Worked as a part time waitress in
I Vietnam. Her husband is a taxi driver earns about $40 per day. Their I
daughter is going to secondary school in this coming September. She came
J J
to Hong Kong because of financial pressure. She is now remorseful.
K K
Sentence
L L
M 8. The defence submitted to this court of a case of HKSAR v. M
Zhang MingHua HCMA 547/2006 that a sentence of 15 months after plea
N N
should be appropriate for the 1st charge.
O O
9. In HKSAR v. Hau Hoi-tung CACC 39/2002, the Court of
P P
Appeal upheld a sentence of 21 months when the Defendant pleaded guilty
Q to “Illegal remaining” for the 3rd time. Q
R R
10. In HCMA 1091/2000 HKSAR v. Vu Dinh Phong, the Court
S upheld that a sentence of 3 years as a starting point for a repeated offender S
for both offences of illegal remaining and breach of deportation order.
T T
U U
V V
由此
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A A
B B
11. The Defendant has been sentenced before on two occasions of
C illegal remaining and one offence of breach of deportation order. C
D 12. The Defendant was fully aware that when she entered into D
Hong Kong, she was in breach of the Deportation Order and her status was
E E
illegal. She came to Hong Kong to work and was well prepared that she
F F
has arranged a false ID card to present to PW1. She also knew that it was
G
illegal. That explained the fact when she was asked by PW2 to produce her G
ID card, she ran away because she knew full well that she was going to face
H H
a long sentence.
I I
13. The previous sentences clearly carried no deterrence effect to
J stop her from coming back to Hong Kong. J
K K
14. Therefore, a long sentence is called for.
L Charge 1 15 months after plea. L
M Charge 2 and 3 Starting point 30 months reduced M
to 20 months, 3 months in charge 3
N be run consecutively to charge 2. N
A total of 23 months for charge 2
O O
and 3.
P P
10 months in charge 1 be run
consecutively to charge 2.
Q Q
The final total is 33 months.
R R
S S
T T
( M. Chow )
Deputy District Judge
U U
V V