A A
DCCC 1115/2012
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 1115 OF 2012
C C
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D D
HKSAR
E v E
Naseer Ramzan
F F
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G G
Before: HH Judge S D’Almada Remedios
Date: 20 February 2013 at 3.07 pm
H Present: Mr Francis Haddon-cave, Counsel on fiat, for HKSAR H
Mr Alan So, instructed by Wong and Partners, assigned
by the Director of Legal Aid, for the defendant
I I
Offence: (1) Robbery (搶劫罪)
(2) Remaining in Hong Kong without the authority of
J the Director of Immigration after having landed J
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)
K K
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L L
Reasons for Sentence
M --------------------- M
N N
1. Defendant, you have pleaded guilty to a charge of
unlawful remaining in Hong Kong, contrary to section 38(1)(b) of
O O
the Immigration Ordinance.
P P
2. You entered Hong Kong illegally by boat from China in
Q or around February 2012. You were arrested by the police on 26 Q
August 2012 at about 1 am for an alleged offence of robbery.
R R
3. You have been charged with the robbery and the
S unlawful remaining in Hong Kong in the same indictment before S
me. I acquitted you after trial of the offence of robbery.
T T
4. It is clear from the evidence in the robbery trial and
U U
which was not disputed by the Prosecution that the reason why
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A A
you came to Hong Kong was to make a claim for unpaid wages from
your previous employer in Hong Kong to whom you had worked for
B B
from 2007 to December 2010 as a domestic helper.
C C
5. Whilst you were in Hong Kong illegally, you had lodged
D a claim at the Labour Tribunal in March 2012 for $210,000. This D
matter was settled. Your former employer (PW3 in the robbery
E trial) on 26 July 2012 at the Labour Tribunal paid you the E
amount of $32,500 in cash.
F F
6. Mr So your counsel informed that me that you came to
G G
Hong Kong illegally because you had difficulty coming to Hong
Kong through the proper channels in acquiring a visa and in the
H H
end it was easier to come from China by a boat.
I I
7. You did not go into hiding when you arrived in Hong
J Kong, contrarily you made a report to the police in May 2012 in J
respect of a criminal intimidation by your previous employer. It
K K
was alleged by you that your employer was incensed with your
claim of unpaid wages. You also openly appeared before the court
L L
in July when your claim was settled.
M M
8. It is Mr So’s submissions that you had in fact told
N the police and the Immigration Department that you were here N
illegally to make a claim for unpaid wages however when you
O O
produced your HKID card (which you had when you were employed in
Hong Kong previously), no further action was taken by either
P P
department.
Q Q
9. Mr So submits that perhaps the authorities did not
understand you properly as your English was not sufficient and
R R
that may explain the reason that no further action was taken.
S S
10. I am sure you are well aware, for this offence of
T unlawful remaining, the usual sentence is one of 15 months’ T
imprisonment after a plea of guilty. There are, however in my
U U
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A A
view, exceptional circumstances in this case such that the 15
months’ imprisonment should not be applicable in this case.
B B
C 11. I accept that you may have gone to the authorities to C
tell them that you were here illegally when you were enquiring
D about the channels in making your unpaid wages claim. If however D
you had not or they had not understood you had come illegally,
E E
you had at no time hidden yourself from the authorities. You
openly made a complaint in person to the police in May and
F F
appeared before the Labour Tribunal in person in July last year.
G G
12. I do not condone the manner to which you sneakily came
to Hong Kong even if it was for a legitimate purpose to claim
H H
unpaid wages.
I I
13. However the facts of this case are extraordinary and
J in the circumstances I consider a sentence of 6 months’ J
imprisonment to be an appropriate term and that is the term to
K K
which you shall be so sentenced.
L L
M M
N (S. D’Almada Remedios) N
District Judge
O O
P P
Q Q
R R
S S
T T
U U
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