TNAG-2210-FCO40-3170-Future-of-Hong-Kong-political-parties-1991 — Page 130

1991-01-21 10:19 SECURITY BRANCH

852 868 5074 P.17

疲

fallen into desuetude,

11

and there was nothing more than Nothing was authorities having weighed competing

a pattern of discretion" not to prosecute.

said about the

interests.

In my judgment a case of abuse of the Court's The trial magistrate should process has been made out. have exercised her discretion to stay the proceedings.

Sentences

necessary

sentence.

In the light of what I stated above, it is not

consider to me

appeals

for

the

It would however be helpful for me

to The Queen v So Man-king (1989) 1 HKLR 142,

against

to refer

which was

a decision on the sentence on illegal immigrants.

Cons V-P said (at p. 146):

"The difficulty which faces courts in

such a

situation

is obvious.

The

legislature has decreed that it shall be a criminal offence to come into or remain in Hong Kong unlawfully, to be punishable by a substantial fine and imprisonment. courts must apply that law,

The

and this Court

On the

has laid down that a magistrate upon whom the principal responsibility falls in such cases, should regard sentences of 15 months as appropriate for most occasions. other hand the executive has ensured that for the past eight years the law should for the most part be a dead letter and that in particular, those in the position of the appellants should not be punished at all.

There

}