A A
DCCC1288/2009
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 1288 OF 2009 C
D
---------------------- D
HKSAR
E E
v.
F Hui Kwong-fai F
G ---------------------- G
Before: H H Judge Browne
H Date: 22 April 2010 at 9.50 am H
Present: Ms Chan Wan-ting, PP of the Department of Justice, for
HKSAR
I Mr Jeff Ho, instructed by Messrs So, Keung, Yip & Sin, I
assigned by the Legal Aid Department, for the
J Defendant J
Offence: (1) Aiding and abetting the attempt to land in Hong
Kong without permission (協助及教唆他人未經准許而企圖在
K 香港入境) K
(2) Endangering the safety of others at sea (危害他人在
L 海上的安全) L
M --------------------- M
N Reasons for Sentence N
---------------------
O O
1. The defendant pleaded guilty to two offences. The
P P
first offence is one of aiding and abetting and the attempt to
Q land in Hong Kong of persons not entitled to be in Hong Kong. Q
This is contrary to section 38(1)(a) of the Immigration
R Ordinance. The second charge is one of endangering the safety of R
others at sea.
S S
2. The facts admitted by the defendant show that at 2.10
T T
am, on 9 October, two police vessels spotted an unlit motorised
U wooden vessel sailing towards Black Point Power Station in Hong U
Kong waters at 5 knots per hour. The vessel was intercepted and
CRT36/22.4.2010/NB 1 DCCC1288/2009/Sentence
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A A
the defendant was found to be acting as the coxswain of the
wooden vessel at the material time. Thirteen Pakistani males
B B
were found squatting in the boat. None had valid travel
C documents permitting them to come to Hong Kong. C
D 3. When arrested, the defendant said that he was forced D
to take a one day course to drive the boat by a Mr Lee. He was
E E
also told that if he brought these people to Hong Kong he would
be paid $200, and if he refused he would be beaten up.
F F
G 4. The 13 Pakistani males say they had entered Hong Kong G
illegally via Shenzhen, and they had paid a snakehead. The
H vessel was inspected and found to be unseaworthy: it was not H
designed for carrying passengers; the hull was taking in water;
I I
no navigational light was found; no life saving equipment was
found; and there was no fire fighting extinguisher.
J J
K
5. The defendant has a clear record. I am told that he is K
17 years of age, and he was 16 at the time. He was born and
L brought up in China, and educated for Form 4, Primary 6 L
education standard. He had come to Shenzhen from a province in
M China and worked as a shoe maker in a factory, earning a $1,000 M
per month. I am told that his parents live away. They work in
N N
different provinces in China. He lived with his grandmother, who
is now aged 70. He has a brother who is a year older, who works
O O
in Shanghai.
P P
6. I am told that the factory he was working at in
Q Shenzhen closed in June. He was renting a flat in Shenzhen, and Q
he came to know an Ah Jian. He ran out of money, and this Ah
R R
Jian offered to find a job for him and took him to a hostel. He
was kept at that hostel. He was offered $200 to convey the
S S
Pakistanis to Hong Kong.
T T
7. I have a letter from the defendant saying that he is
U remorseful and asking for leniency. Counsel for the defence U
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A A
referred to the facts that there was no attempt by the defendant
to escape, the vessel was stopped very shortly after it was
B B
detected in Hong Kong waters, no one was injured, and the
C defendant was cooperative. C
D 8. In respect of the 1st charge, I sentence the defendant D
to 18 months’ imprisonment. In respect of the 2nd charge, I take
E E
a starting point of 27 months’ imprisonment. I reduce that to
reflect the defendant’s guilty plea and impose a sentence of
F F
18 months for that offence.
G G
9. I have considered the question of totality. These are
H separate offences. The first offence involves the bringing into H
Hong Kong of 13 Pakistani males. I have decided the sentences
I I
should run consecutively. The defendant will therefore go to
prison for a total period of 3 years.
J J
K K
L L
M Browne M
District Judge
N N
O O
P P
Q Q
R R
S S
T T
U U
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