The legal debate over the 'foreignness' issue continued yesterday when a judge said it could not be used to give people convicted of immigration offences reduced sentences. Mrs Justice Verina Bokhary told the Court of First Instance that 'a mainlander should not be sentenced as a foreigner'. 'The sentencing guidelines for the offence of remaining without authority is not one which involves Hong Kong residents. Therefore, it cannot involve any differences between Hong Kong residents and others.' Her comments follow Deputy High Court Judge Gerard McCoy's findings earlier this week that the 'foreignness' principle did not apply to mainlanders because Hong Kong residents and mainlanders 'live under the same flag'. Foreigners are given a minor reduction in sentence if it can be proved they will suffer hardships 'over and above' those faced by Hong Kong inmates due to differences in culture, language, diet and isolation from family and friends. Deputy Judge McCoy also said it would be an absurd irony for mainlanders to claim they were 'foreigners' and merited a reduction in sentence for immigration offences. Mrs Justice Bokhary made the comments as she refused Lau Li's appeal against sentence in the Court of First Instance. Lau pleaded guilty to one charge of unlawfully remaining in Hong Kong before Magistrate David Dufton in North Kowloon Court on June 13. She was jailed for 15 months but pleaded for a reduction in her term arguing she was needed back home to support her unemployed mother and blind grandmother. Mrs Justice Bokhary dismissed her appeal, saying the sentence had followed guidelines.
