A A
DCCC 856/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 856 OF 2013
C C
----------------------
D D
HKSAR
E v E
LE DAC LAN
F also known as F
LE DAE LAN
G and G
LE DUC LAN
H ---------------------- H
Before: HH Judge S D’Almada Remedios
I Date: 24 October 2013 at 3.47 pm I
Present: Ms Peggy Leung, SPP, of the Department of Justice, for
J HKSAR J
Mr Lai W F Duncan, of James Ho & Co, assigned by the
Director of Legal Aid, for the defendant
K Offence: (1) Remaining in Hong Kong without the authority of K
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
L L
處處長授權而留在香港)
(2) Breach of deportation order (違反遞解離境令)
M --------------------- M
N
Reasons for Sentence N
---------------------
O O
1. Defendant, you have pleaded guilty to two charges
P before this court. The 1st charge is that commonly referred to P
as unlawfully remaining in Hong Kong, contrary to section
Q 38(1)(b) of the Immigration Ordinance. The 2nd charge is that of Q
breach of a deportation order, contrary to section 43(1)(a) of
R R
the same ordinance.
S S
2. On 9 August 2013 at about 1.15 pm, police officers
T spotted you acting suspicious in Yee Kuk Street, Sham Shui Po. T
The officer intercepted you for enquiry. You admitted to being
U an illegal immigrant and failed to produce any proof of U
CRT33/24.10.2013/ES 1 DCCC 856/2013/Sentence
V V
A A
identity. Under caution, you admitted that you entered from
China and sneaked into Hong Kong illegally by hiding beneath a
B B
lorry coming from Shenzhen on 7 August 2013. You had originally
C left your home in Vietnam, on 5 August 2013. You informed the C
officer you came to Hong Kong to seek medical treatment as you
D suffer from HIV and drug addiction. Enquiries disclosed that you D
were in breach of a deportation order issued in February 2009.
E E
Under caution, you admitted that you were a deportee.
F F
3. You are 40 years of age and have been to court on
G three separate occasions of which you have three previous G
convictions of unlawful remaining in Hong Kong, two previous
H convictions of breach of deportation order and one of possession H
of offensive weapon totalling six previous convictions.
I I
4. Your solicitor, Mr Duncan Lai, has mitigated on your
J J
behalf. I have taken into account all that he has had to say.
K
He says that you came to Hong Kong for medical reasons, your K
health condition is deteriorating. He recognises that your
L greatest mitigating factor is of course your plea of guilty. L
M 5. In respect of sentence, Mr Lai has submitted two cases M
to this court, that is HKSAR v Bui Van Khai CACC 175/2012 and
N N
HKSAR v Pham Van Hung CACC 14/2011. In Bui Van Khai, the facts
were very similar to the present case. The appellant in that
O O
case was convicted of unlawful remaining and a breach of a
P deportation order. The defendant there also had previous similar P
convictions. In this case, the court also referred to
Q Phan Van Hung where that defendant also had previous similar Q
convictions. Barnes J in Bui Van Khai recognised the principle
R R
that the offence of unlawfully remaining would be more serious
when there was deportation order. Also she recognised that the
S S
underlying criminality of these two offences were the same and
T the sentences should run concurrently. In that case the court T
held that a sentence of 2 years’ imprisonment for the two
U offences was a proper one after plea. U
CRT33/24.10.2013/ES 2 DCCC 856/2013/Sentence
V V
A A
6. I also consider in view of your previous convictions
B B
and the present charges that the total sentence after plea
C should be one of 2 years’ imprisonment. C
D 7. I take into account of course the case of So Man King D
for unlawful remaining in Hong Kong. This is your fourth offence
E E
for unlawful remaining and in those circumstances you shall be
sentenced to 20 months’ imprisonment.
F F
G 8. This is your third offence for breach of deportation G
order. In those circumstances, had I convicted you after trial I
H would have taken a starting point of 3 years’ imprisonment. H
Giving you full credit for your plea of guilty, that term shall
I I
be reduced to one of 2 years’ imprisonment.
J J
9. These sentences shall run concurrent to each other and
K
the total term of imprisonment shall be 24 months’ imprisonment. K
L L
M M
N N
(S. D’Almada Remedios)
District Judge
O O
P P
Q Q
R R
S S
T T
U U
CRT33/24.10.2013/ES 3 DCCC 856/2013/Sentence
V V