Hong Kong appeal judges slam asylum seekers who commit crimes while waiting for claims to be settled
Court of Appeal rejects bid by claimant to challenge 13-year jail term for drug trafficking, instead increasing sentence by 10 months
A court on Friday expressed concern about a growing trend of asylum seekers committing serious crimes while waiting for their application results, which the judges said was a “public scandal” that tarnished the city’s reputation.
The criticism was made as the Court of Appeal threw out Mahabul Alam Khan’s application for leave to challenge his 13-year jail term for drug trafficking, instead increasing it by 10 months to reflect a “serious aggravating feature” that he committed the crime while holding a recognisance form.
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The three judges found the lower court had erred in neglecting that Khan committed a serious crime aimed at the very community which had granted him the privilege to remain at liberty in Hong Kong while the authorities determined whether he should be returned to his home country.
They said this tarnished the city’s reputation for order and security.
Mr Justice Andrew Macrae said “that any applicant ... having his various claims dealt with for years on end is deplorable enough”.
“But where one claim after another is mounted, so that the applicant who makes them can remain free in the community to commit serious crimes in the confident expectation that the authorities will take years to come to any final decision, it is a public scandal,” he said.