A A
B B
DCCC 429/2014
C IN THE DISTRICT COURT OF THE C
HONG KONG SPECIAL ADMINISTRATIVE REGION
D CRIMINAL CASE NO. 429 OF 2014 D
____________
E HKSAR E
v
F F
TARVEZ AMEN
G also known as JAME AHMED G
____________
H H
Before: HH Judge Dufton
I Date: 2 July 2014 I
Present: Mr Simon Tso, SPP, of the Department of Justice,
J for HKSAR. J
Mr Derek Middleton of Massie & Clement,
K assigned by the Director of Legal Aid, for the Defendant. K
Offences: (1) – (7) Breach of deportation order (違反遞解離境令)
L L
M REASONS FOR SENTENCE M
N
1. Tarvez Amen you have pleaded guilty to seven charges of N
breach of deportation order, contrary to section 43(1)(a) of the
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Immigration Ordinance.
P P
2. In summary on the 20 February this year you were
Q intercepted by the police on suspicion of having overstayed. As you Q
could not produce any travel document or identity papers you were taken
R R
to the Wan Chai Police Station. A friend of yours brought to the police
S station your passport in the name of Tarvez Amen. S
T T
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V V
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A A
B B
3. Your fingerprints matched those of Jame Ahmed, against
C whom a deportation order was made dated the 28 July 2003 prohibiting C
Jame Ahmed from entering Hong Kong for life.
D D
4. Investigation revealed in breach of that order you came to
E E
Hong Kong in 2006 and 2013 using the passport in the name of Tarvez
F Amen. Between 10 May and 28 June 2006 you came to Hong Kong five F
times (charges 1-5) and last year you came twice with the last entry being
G G
on the 17 April 2013 (charges 6-7). Under caution you admitted using
H the passport in the name of Tarvez Amen to enter Hong Kong having H
been deported in 2003 when using the name Jame Ahmed.
I I
J 5. In passing sentence I have carefully considered everything J
said on your behalf by Mr Middleton, including that you have an eight
K K
year old son in Bangladesh.
L L
6. There are no guideline sentences for breach of deportation
M M
order. Generally for a first breach the starting point after trial is one of
N 27 months imprisonment (see for example HKSAR v Cortez Emily Bisoy N
[2002] 2 HKLRD 762; HKSAR v Gabriel Malou Lantin HCMA 716/2004;
O O
and HKSAR v Ta Dinh Son CACC 348/2013).
P P
7. Although this is the first time you have appeared in court for
Q breach of the deportation order you are not to be treated as a first offender, Q
save for the first entry. As already noted you entered Hong Kong in
R R
breach of the order five times in 2006 and twice in 2013 under a different
S name so as to evade detection by the authorities. Repeat offending is an S
aggravating feature justifying enhancement of the starting point of 27
T T
months imprisonment.
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V V
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A A
B B
8. In HKSAR v Joned Asri CACC 345/2012 the applicant in
C breach of a deportation order entered Hong Kong ten times over a period C
of 18 months. The facts of that case are similar to the present case in that
D D
the applicant also used a different name to enter Hong Kong so as to
E evade detection by the authorities. The Court of Appeal taking into E
account the repeated breaches held the appropriate sentences after trial
F F
were between 27 and 42 months imprisonment. In HKSAR v Ta Dinh Son
G the Court of Appeal held that 4 years imprisonment was the appropriate G
sentence for the 7th breach of a deportation order.
H H
9. I am satisfied the proper starting point after trial for charge 1
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is 27 months imprisonment which starting point is enhanced to 30 months
J J
on charges 2 & 3; 36 months on charges 4 & 5 and 42 months on charges
K
6 & 7. Giving you full credit for your pleas of guilty the sentences are K
reduced to 18 months, 20 months; 24 months and 28 months respectively.
L L
Totality
M M
N 10. In Joned Asri the Court of Appeal held that a total sentence N
of 33 months was appropriate for the ten charges. I am satisfied a total
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sentence of 32 months imprisonment is appropriate and properly reflects
P your criminality on the seven charges. P
Q Q
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S S
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B B
11. You are convicted and sentenced as follows:
C C
Charge 1 – 1 year and 6 months imprisonment;
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Charge 2 – 1 year and 8 months imprisonment;
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Charge 3 – 1 year and 8 months imprisonment;
F F
G Charge 4 – 2 years imprisonment; G
H Charge 5 – 2 years imprisonment; H
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Sentence on charges 1 – 5 ordered to run concurrently
J J
Charge 6 – 2 years and 4 months imprisonment;
K K
Charge 7 – 2 years and 4 months imprisonment;
L L
M
Sentence on charges 6 & 7 ordered to run concurrently with 8 months M
consecutive and 20 months concurrent to charges 1 – 5.
N N
Total sentence to be served 2 years and 8 months imprisonment
O O
P P
Q Q
R (D. J. DUFTON) R
District Judge
S S
T T
U U
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