TNAG-2643-FCO40-3836-Immigration-to-Hong-Kong-from-China-policy-and-statistics-1992 — Page 4

CONFIDENTIAL

XCCI(92)5

Sentencing

13

It is likely that PRC overstayers will, in future, be fined in the same way as overstayers from other countries. Members may wish to note that it is a principle of sentencing that magistrates should enquire into the means of a defendant to pay a fine. Fines must not be so high that defendants have no prospect of paying them and would inevitably have to go to jail in default(3)* ̧

CHINA ANGLE

14

The Chinese side agreed at the Annual Border Liaison Review Meeting in January 1991 that some overstayers should be prosecuted as an example to the rest. While they would be concerned if we appeared to be pursuing an inhumane policy, we believe that the guidelines at Annex D should reassure them. They try hard to ensure that two-way permit holders know about the limitations of stay and are likely to accept the new measures as part of our common efforts to reduce abuses.

FINANCIAL AND STAFFING IMPLICATIONS

15

There are no financial or staffing implications because any additional workload arising from the proposal will be absorbed from within existing resources.

*Note (3) The maximum penalties for landing and remaining without authority (i.e. illegal immigration) are a fine of $10,000 and imprisonment for three years. Those for breach of conditions of stay are $5,000 and two years respectively. The actual penalties imposed are determined by the principles cited in paragraph 13. The Court of Appeal has issued sentencing guidelines in respect of "landing and remaining without authority" offenders can expect 15 months in jail. There are no such guidelines for "breach of conditions of stay".