Sentence for an employer hiring an illegal worker is challenged in a review
A magistrate overstepped his authority by 'rewriting' the length of jail sentences for people guilty of illegally employing two-way permit holders, the Court of Appeal heard yesterday.
The submission was made during a review of sentence, mounted by the secretary of justice on behalf of the Department of Immigration. The sentence had been handed down by Magistrate Colin Mackintosh to Ho Mei-wa, 44, last August.
Ho, a poultry shop owner, was convicted of hiring a person 'not lawfully employable', contravening the Immigration Ordinance.
The court heard that in 1996, the Court of Appeal had set a sentencing guideline specifying 15 months' jail for the offence. But Prosecutor Daryl Saw SC said Ho received a two-month term, suspended for two years, and a $1,500 fine.
Mr Saw said when the secretary for justice asked Mr Mackintosh to review the sentence, he accepted that it was inadequate, and said an immediate prison term should be imposed. But Mr Mackintosh then erred by deciding a jail term of merely three months would be an appropriate deterrent, Mr Saw said.
The prosecutor argued that sentencing should have real deterrent value, since figures showed an alarming rise in the number of people employing illegal workers.