A A
DCCC215/2012
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 215 OF 2012
C C
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D D
HKSAR
E v. E
Tran Van Dao
F F
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G G
Before: H H Judge Geiser
Date: 18 April 2012 at 3.17 pm
H Present: Miss Claudia Ng, PP, of the Department of Justice, for H
HKSAR
Mr Chan Kai-wing Henry, of Messrs Lo, Chan & Leung,
I assigned by the Director of Legal Aid, for the I
Defendant
J Offence: (1) Remaining in Hong Kong without the authority of J
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
K 授權而留在香港) K
(2) Breach of deportation order (違反遞解離境令)
L L
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M Reasons for Sentence M
N
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O 1. Defendant, you have pleaded guilty to the two offences O
on the indictment, the first being an offence of remaining in
P Hong Kong without the authority of the Director of Immigration P
after having landed here unlawfully, contrary to section
Q Q
38(1)(b) of the Immigration Ordinance, Cap.115, Laws of Hong
Kong, and the second, an offence of breach of a deportation
R R
order contrary to section 43(1)(a) of the Immigration Ordinance,
S Cap.115. S
T 2. The summary of facts which you have agreed establish T
that you were intercepted by a police officer in the vicinity of
U U
Yen Chow Street, Sham Shui Po, on 5 February of this year, who,
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A A
upon conducting a search of you, found a Vietnamese identity
card. You told the officer that you were an illegal entrant.
B B
C 3. Further enquiries revealed that you had, in fact, been C
made the subject of a deportation order in September 2008.
D D
4. In a further interview with you, under caution, you
E E
told the police that you had come to Hong Kong to seek medical
treatment and you were well aware that you were the subject of a
F F
deportation order and were prohibited from entering Hong Kong.
G G
5. You are 28 years of age, a Vietnamese national and
H have six previous convictions in Hong Kong. H
I I
6. Indeed, this is the fourth time you have been
convicted of illegally remaining in Hong Kong and the third time
J J
you have been convicted of breach of a deportation order. Your
K
last such convictions for offences of this nature was in 2010, K
when you received a total sentence of 21 months’ imprisonment.
L L
7. You are a person who clearly pays no heed to court
M orders that are passed on you. You are a repeat offender and can M
expect little mercy.
N N
8. In the case of HKSAR v Phan Van Tuan [2009] HKCU 776,
O O
HCMA 282/2009, it was stated that a starting point of 3 years’
P imprisonment for an offence of breach of a deportation order was P
in line with authorities.
Q Q
9. On the 1st charge of unlawfully remaining in Hong
R R
Kong, you will be sentenced to 18 months’ imprisonment and this
already takes into account your plea of guilty.
S S
T 10. On Charge 2, I adopt a starting point of 3 years’ T
imprisonment, but will discount this by one-third to take
U U
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A A
account of your plea of guilty, coming to 2 years’ imprisonment
on Charge 2.
B B
C 11. Whilst this should properly be ordered to run C
consecutively to the sentence on Charge 1, due to the question
D of totality of sentence, I will order 18 months to run D
consecutively and the balance concurrently, arriving at a total
E E
sentence of 3 years’ imprisonment.
F F
G G
H H Judge Geiser
District Judge
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
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