HKSAR v. NGUYEN THI LIEN

HCMA000143/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 143 OF 1998

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BETWEEN
	HKSAR	Respondent
	AND
	NGUYEN THI LIEN	Appellant

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Coram : Hon Mr Justice Cheung in Court

Date of hearing : 29 April 1998

Date of delivery of judgment : 29 April 1998

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J U D G M E N T

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1. The Appellant pleaded guilty to one charge of remaining in Hong Kong without authority of the Director of Immigration after having landed unlawfully in Hong Kong.

2. The Appellant is a Vietnamese and came to Hong Kong illegally. She was sentenced to 15 months' imprisonment. It is clear from the guidelines as reviewed in the case of R. v. Nguyen Van Doan M.A. 1478 of 1996 that a 15 months' sentence of imprisonment is appropriate. The sentence is intended to be a deterrent sentence.

3. What the Appellant said regarding her medical conditions and personal background, namely her husband had left her and she had to take care of her two children at home, are not grounds for departing from the guideline.

4. In the circumstances the appeal is dismissed.

Representation:

Mr Cheung Wai Sun, Deputy Principal Government Counsel, for Director of Public Prosecutions

Appellant in person

	(P. Cheung)
	Judge of the Court of First Instance, High Court