Hon Anthea Pang JA granted an applicant convicted of “assisting the remaining of an unauthorized entrant” bail pending appeal (against conviction) after considering the intended grounds of appeal put forward for and on behalf of the applicant.

The applicant was convicted by HH Judge E Yip: [2023] HKDC 589 (https://lnkd.in/g9SuHNRw) and sentenced to 8 months’ imprisonment. The prosecution case was that the applicant paid for a room in a guesthouse where an unauthorized entrant (Madam Wang) stayed inside. It was not in dispute that Madam Wang was a prostitute and entered into Hong Kong unlawfully. The prosecution argued that the applicant’s payment of the rentals amounts to “assisting [Madam Wang’s] remaining” in Hong Kong. On the other hand, the applicant argued that he knew Madam Wang through an online platform and engaged her as a prostitute only. The room of the guesthouse was for sexual services between the applicant and Madam Wang only.

The Trial Judge found that the applicant failed to prove (without mentioning on what standard of proof) the statutory defence under s 37DA (2) of the Immigration Ordinance (Cap 115). 

Simon So (appearing with Jack Hui) represented the applicant.