A A
DCCC376/2010
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 376 OF 2010 C
D
---------------------- D
HKSAR
E E
v.
F Yeung Mau-hing F
Wong Fong
G G
----------------------
H Before: H H Judge Longley H
Date: 17 May 2010 at 3.41 pm
Present: Ms Rosa Lo, PP, of the Department of Justice, for
I HKSAR I
Ms Cheong Pui-fan, instructed by Messrs S K Wong &
J Lee, for the 1st and 2nd Defendants J
Offence: (1) Assisting the passage to Hong Kong of a conveyance
which carried unauthorised entrants (協助載有未獲授
K 權進境者的運輸工具前來香港的旅程) 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. Yeung Mau-hing and Wong Fong, you have each been
P P
convicted on your own pleas of one charge of assisting the
Q passage to Hong Kong of a motorised fishing vessel carrying nine Q
unauthorised entrants, contrary to section 37D(1)(a) of the
R Immigration Ordinance (Charge 1) and one charge of endangering R
the safety of others at sea, contrary to section 72 of the
S S
Shipping and Port Control Ordinance.
T T
2. The two charges follow the interception by the Marine
U Police of a wooden vessel in Hong Kong waters off Tai A Chau in U
the early evening on 4 March this year. At the time, it was
CRT37/17.5.2010/GTT 1 DCCC376/2010/Sentence
V V
A A
becoming dark. Although it appears that both of you were
involved in steering the vessel at different times, you, Yeung
B B
Mau-hing, have admitted that you were the coxswain of the vessel
C and therefore in charge of the vessel. You, Wong Fong, have C
admitted being a member of the crew.
D D
3. Apart from you, there were nine unauthorised entrants
E E
on board. Two of them were men aged 47 and 35; seven of them
were women aged between 17 and 40 years of age. It appears from
F F
what you later told the Marine Police that the person who
G arranged this journey was a man called Wong. You had each been G
promised 100 RMB for conveying people to Hong Kong.
H H
4. The two male unauthorised entrants boarded the vessel
I I
in Zhuhai and you picked up the women from a nearby island. The
vessel and the engine were in poor condition. The vessel itself
J J
was unseaworthy. The ship inspector who inspected the vessel
K
classified the two engines of the vessel as being in very poor K
condition. He said this about the hull structure:
L L
“The wooden hull planking, structural frames and
M sub-division bulkheads were found deteriorated. M
Cracks, undesired holes and loosened seal compounds
N N
were observed on the bulkheads to diminish the degree
of watertight integrity as well as buoyancy of the
O O
vessel. No bilge system was fitted on board to pump
P out any accumulation of water. The low freeboard at P
unload condition rendered the vessel to be flooded
Q easily at moderate sea condition.” Q
R R
5. He said that the maximum crew allowance of this wooden
fishing vessel is eight persons. There were no navigation lights
S S
on the vessel, even though it was being navigated at a time when
T it was getting dark. There were no fire-fighting appliances and T
there were only five life jackets, when there were 11 people on
U board. U
CRT37/17.5.2010/GTT 2 DCCC376/2010/Sentence
V V
A A
6. The Hong Kong courts take a very serious view of those
B B
who assist in bringing unauthorised entrants into Hong Kong. In
C this case, nine unauthorised entrants were involved. C
D 7. Insofar as you, Wong Fong, are concerned, on Charge 1, D
I see no reason not to adopt the usual starting point for
E E
members of the crew of a vessel who bring unauthorised entrants
into Hong Kong, namely, 4 years’ imprisonment. Insofar as Charge
F F
2 is concerned, I adopt a starting point of 18 months’
G imprisonment. G
H 8. I have borne in mind what your solicitor has told me; H
in particular, that you are a man of previous good character and
I I
are the sole breadwinner for your family. Although you have
pleaded guilty to the 2nd charge and therefore must, at the very
J J
least, have aided and abetted the offence of endangering the
K
safety of others at sea, I am prepared to accept that you were K
not actively responsible for the dangerous condition of the
L vessel. In such circumstances, I am prepared to order that the L
sentence on Count 2 run concurrently with the sentence on Count
M 1. The only real mitigation in your case is your plea of guilty M
for which you are entitled to the usual discount of one-third.
N N
9. On Charge 1, I sentence you to 32 months’ imprisonment
O O
and on Charge 2, 12 months’ imprisonment to run concurrently
P with the sentence on the 1st charge. Your total sentence is P
2 years, 8 months’ imprisonment.
Q Q
10. Yeung Mau-hing, as coxswain of this vessel - the
R R
person in charge of it - your responsibility is greater. I am
adopting a starting point of 5 years’ imprisonment on Count 1
S S
and 18 months’ imprisonment on Count 2. I have borne in mind
T what Miss Cheong, your solicitor, has said on your behalf and in T
particular, your previous good character and the fact that you
U are the sole breadwinner for your family. As is the case with U
CRT37/17.5.2010/GTT 3 DCCC376/2010/Sentence
V V
A A
the 2nd defendant, the only real mitigation in your case is your
plea of guilty and for that you are entitled to the usual
B B
discount of one-third.
C C
11. As the person responsible for this vessel, you were
D responsible for ensuring that the vessel did not embark on the D
voyage unless it was seaworthy. The responsibility for ensuring
E E
that it was seaworthy, and that adequate safety equipment and
navigation lights were carried, was yours. You failed in that
F F
responsibility and as a result endangered the safety of everyone
G on board. The sentence I impose upon you, therefore, in respect G
of the 2nd charge must run consecutively to the sentence that I
H pass on you in respect of the 1st charge. H
I I
12. On Charge 1, I sentence you to 40 months’
imprisonment. On Charge 2, I sentence you to 12 months’
J J
imprisonment to run consecutively to the sentence on Charge 1.
K
The total sentence I therefore impose upon you is 4 years and K
4 months’ imprisonment.
L L
M M
N N
P.K.M Longley
O O
District Judge
P P
Q Q
R R
S S
T T
U U
CRT37/17.5.2010/GTT 4 DCCC376/2010/Sentence
V V
A A
DCCC376/2010
B B
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
C CRIMINAL CASE NO. 376 OF 2010 C
D
---------------------- D
HKSAR
E E
v.
F Yeung Mau-hing F
Wong Fong
G G
----------------------
H Before: H H Judge Longley H
Date: 17 May 2010 at 3.41 pm
Present: Ms Rosa Lo, PP, of the Department of Justice, for
I HKSAR I
Ms Cheong Pui-fan, instructed by Messrs S K Wong &
J Lee, for the 1st and 2nd Defendants J
Offence: (1) Assisting the passage to Hong Kong of a conveyance
which carried unauthorised entrants (協助載有未獲授
K 權進境者的運輸工具前來香港的旅程) 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. Yeung Mau-hing and Wong Fong, you have each been
P P
convicted on your own pleas of one charge of assisting the
Q passage to Hong Kong of a motorised fishing vessel carrying nine Q
unauthorised entrants, contrary to section 37D(1)(a) of the
R Immigration Ordinance (Charge 1) and one charge of endangering R
the safety of others at sea, contrary to section 72 of the
S S
Shipping and Port Control Ordinance.
T T
2. The two charges follow the interception by the Marine
U Police of a wooden vessel in Hong Kong waters off Tai A Chau in U
the early evening on 4 March this year. At the time, it was
CRT37/17.5.2010/GTT 1 DCCC376/2010/Sentence
V V
A A
becoming dark. Although it appears that both of you were
involved in steering the vessel at different times, you, Yeung
B B
Mau-hing, have admitted that you were the coxswain of the vessel
C and therefore in charge of the vessel. You, Wong Fong, have C
admitted being a member of the crew.
D D
3. Apart from you, there were nine unauthorised entrants
E E
on board. Two of them were men aged 47 and 35; seven of them
were women aged between 17 and 40 years of age. It appears from
F F
what you later told the Marine Police that the person who
G arranged this journey was a man called Wong. You had each been G
promised 100 RMB for conveying people to Hong Kong.
H H
4. The two male unauthorised entrants boarded the vessel
I I
in Zhuhai and you picked up the women from a nearby island. The
vessel and the engine were in poor condition. The vessel itself
J J
was unseaworthy. The ship inspector who inspected the vessel
K
classified the two engines of the vessel as being in very poor K
condition. He said this about the hull structure:
L L
“The wooden hull planking, structural frames and
M sub-division bulkheads were found deteriorated. M
Cracks, undesired holes and loosened seal compounds
N N
were observed on the bulkheads to diminish the degree
of watertight integrity as well as buoyancy of the
O O
vessel. No bilge system was fitted on board to pump
P out any accumulation of water. The low freeboard at P
unload condition rendered the vessel to be flooded
Q easily at moderate sea condition.” Q
R R
5. He said that the maximum crew allowance of this wooden
fishing vessel is eight persons. There were no navigation lights
S S
on the vessel, even though it was being navigated at a time when
T it was getting dark. There were no fire-fighting appliances and T
there were only five life jackets, when there were 11 people on
U board. U
CRT37/17.5.2010/GTT 2 DCCC376/2010/Sentence
V V
A A
6. The Hong Kong courts take a very serious view of those
B B
who assist in bringing unauthorised entrants into Hong Kong. In
C this case, nine unauthorised entrants were involved. C
D 7. Insofar as you, Wong Fong, are concerned, on Charge 1, D
I see no reason not to adopt the usual starting point for
E E
members of the crew of a vessel who bring unauthorised entrants
into Hong Kong, namely, 4 years’ imprisonment. Insofar as Charge
F F
2 is concerned, I adopt a starting point of 18 months’
G imprisonment. G
H 8. I have borne in mind what your solicitor has told me; H
in particular, that you are a man of previous good character and
I I
are the sole breadwinner for your family. Although you have
pleaded guilty to the 2nd charge and therefore must, at the very
J J
least, have aided and abetted the offence of endangering the
K
safety of others at sea, I am prepared to accept that you were K
not actively responsible for the dangerous condition of the
L vessel. In such circumstances, I am prepared to order that the L
sentence on Count 2 run concurrently with the sentence on Count
M 1. The only real mitigation in your case is your plea of guilty M
for which you are entitled to the usual discount of one-third.
N N
9. On Charge 1, I sentence you to 32 months’ imprisonment
O O
and on Charge 2, 12 months’ imprisonment to run concurrently
P with the sentence on the 1st charge. Your total sentence is P
2 years, 8 months’ imprisonment.
Q Q
10. Yeung Mau-hing, as coxswain of this vessel - the
R R
person in charge of it - your responsibility is greater. I am
adopting a starting point of 5 years’ imprisonment on Count 1
S S
and 18 months’ imprisonment on Count 2. I have borne in mind
T what Miss Cheong, your solicitor, has said on your behalf and in T
particular, your previous good character and the fact that you
U are the sole breadwinner for your family. As is the case with U
CRT37/17.5.2010/GTT 3 DCCC376/2010/Sentence
V V
A A
the 2nd defendant, the only real mitigation in your case is your
plea of guilty and for that you are entitled to the usual
B B
discount of one-third.
C C
11. As the person responsible for this vessel, you were
D responsible for ensuring that the vessel did not embark on the D
voyage unless it was seaworthy. The responsibility for ensuring
E E
that it was seaworthy, and that adequate safety equipment and
navigation lights were carried, was yours. You failed in that
F F
responsibility and as a result endangered the safety of everyone
G on board. The sentence I impose upon you, therefore, in respect G
of the 2nd charge must run consecutively to the sentence that I
H pass on you in respect of the 1st charge. H
I I
12. On Charge 1, I sentence you to 40 months’
imprisonment. On Charge 2, I sentence you to 12 months’
J J
imprisonment to run consecutively to the sentence on Charge 1.
K
The total sentence I therefore impose upon you is 4 years and K
4 months’ imprisonment.
L L
M M
N N
P.K.M Longley
O O
District Judge
P P
Q Q
R R
S S
T T
U U
CRT37/17.5.2010/GTT 4 DCCC376/2010/Sentence
V V
DCCC376/2010 HKSAR v. YEUNG MAU HING AND ANOTHER - LawHero