A A
DCCC 932/2014
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO 932 OF 2014 C
D
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HKSAR
E E
v
F Pham Van Cong F
also known as
G Fan Man-kung G
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H H
Before: HH Judge Casewell
Date: 25 May 2016 at 10.30 am
I Present: Mr Frederick Chung, SPP of the Department of Justice, I
for HKSAR
J The defendant appeared in person J
Offence: (1) Breach of deportation order (違反遞解離境令)
(2) Remaining in Hong Kong without the authority of the
K Director of Immigration after having landed K
unlawfully in Hong Kong
L (在香港非法入境後未得入境事務處處長授權而留在香港) L
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M M
Reasons for Sentence
N N
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O 1. The defendant has pleaded guilty to two charges today: O
firstly, breach of a deportation order, contrary to
P section 43(1) of the Immigration Ordinance; and a 2nd charge, P
remaining in Hong Kong without the authority of the Director of
Q Q
Immigration, having landed unlawfully. That is contrary to
section 38 of the same ordinance.
R R
S 2. The defendant has agreed the facts of the case, and S
these facts show that on 17 September 2014, the defendant was in
T Sham Shui Po. He was intercepted by a Special Police Constable, T
who required proof of identity. The defendant failed to produce
U U
any proof of identity and admitted he had come to Hong Kong
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A A
illegally by hiding in the bottom of a truck in Shenzhen two
days previously.
B B
C 3. He was arrested, and made further admissions that he C
had entered China from Vietnam with his Vietnamese passport on
D 13 September 2014. He had lost that passport, and entered Hong D
Kong from Shenzhen by hiding at the bottom of a truck. The
E E
defendant said he came to Hong Kong to receive medical
treatment.
F F
G 4. The defendant’s fingerprint was verified. He was G
found to be a person for whom a deportation order dated
H 21 February 2001 was in force. The defendant was deported under H
that order on 17 May 2001. The defendant had breached that
I I
deportation order five times, and was deported in the years
2002, 2004, 2006, 2012 and 2014.
J J
K
5. The defendant’s antecedents have been admitted. He is K
a 38-year-old male from Vietnam. He achieved secondary school
L level in Vietnam. The defendant is admitted to be a drug L
addict. He has other medical problems.
M M
6. The defendant’s criminal record shows he has
N N
12 previous court appearances dating between 1999 and 2016. He
has six previous convictions for the offence of remaining in
O O
Hong Kong without the authority of the Director of Immigration
P and five previous convictions for the offence of breach of P
deportation order. For both of these offences, the defendant
Q has received sentences ranging up to 21 months’ imprisonment. Q
The defendant’s longest sentence was in 2007 for the offence of
R R
robbery, when he received a sentence of 42 months’ imprisonment.
S S
7. In mitigation, the defendant says that he pleads for
T leniency. T
U U
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A A
8. In sentencing the defendant, I must bear in mind
firstly that he has entered pleas of guilty to these charges,
B B
and secondly, that in respect of each of the offences to which
C he has pleaded guilty, he is a repeat offender. This will be C
the defendant’s sixth conviction for breach of deportation order
D and his seventh for remaining in Hong Kong. D
E E
9. In the case of HKSAR v Tu Dinh Son CACC 348/2013, the
Court of Appeal said that a starting point for sentence of
F F
4 years’ imprisonment was appropriate for a person who had
G committed a seventh breach of deportation order. Also, in G
respect of the charge of unlawful remaining, for a first
H offender of clear record, after trial the normal sentence would H
be one of 15 months’ imprisonment, but that is naturally subject
I I
to enhancement due to the repetition of the offence.
J J
10. In respect of this defendant, having regard to his
K
previous record of offending in respect of the 1st charge - that K
is, breach of deportation order - I will adopt a starting point
L of 45 months’ imprisonment, which will be reduced to 30 months’ L
imprisonment to reflect the defendant’s plea of guilty.
M M
11. In respect of the 2nd charge, which represents the
N N
defendant’s seventh conviction for unlawful remaining, I will
adopt a starting point of 33 months’ imprisonment and reduce
O O
that to 22 months’ imprisonment for the defendant’s plea of
P guilty. P
Q 12. These offences arise out of the defendant’s unlawful Q
presence in Hong Kong. I shall order that the sentences be
R R
served concurrently, one to another, to a total of 30 months’
imprisonment.
S S
T T
U
(T Casewell) U
District Judge
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