A HCCC156/2010 A
IN THE HIGH COURT OF THE
B HONG KONG SPECIAL ADMINISTRATIVE REGION B
COURT OF FIRST INSTANCE
CRIMINAL CASE NO. 156 OF 2010
C C
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HKSAR
D D
v
E Yip Tai-leung E
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F F
Before: The Honourable Mrs Justice V Bokhary
Date: 2 July 2010 at 10.11 am
G Present: Ms Christal Chan, SPP of the Department of Justice, for G
HKSAR
Mr Frederic Whitehouse, instructed by the Legal Aid
H Department, for the Accused H
Offence: Assisting the passage to Hong Kong of unauthorised
I entrants (協助載有未獲授權進境者的運輸工具前來香港的旅程) I
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J Transcript of the Audio Recording J
of the Sentence in the above Case
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K K
COURT: Yip Tai-leung, you have pleaded guilty in the
L Magistrates’ Court on a charge of assisting the passage to L
Hong Kong of unauthorised entrants, contrary to
section 37D(1)(a) of the Immigration Ordinance, Cap. 115,
M and have been committed to this court for sentence. M
What you did was to take three women as unauthorised
N N
entrants from the Mainland to Hong Kong by a motorised
sampan. You did that on return for a promise by a man in
O the Mainland to pay you RMB600 per passenger, and therefore O
a total of RMB1,800 for the three women.
P When the sampan was intercepted by the police in Hong Kong P
waters, you were at the back of the sampan steering it, and
the three women were sitting near the front portion of the
Q Q
sampan.
R The sampan had an overall length of 4.06 metres. It was R
unseaworthy because the main hull was found to be in poor
condition. There was no fire-fighting or life-saving
S equipment on board, and it has no navigation light for night S
operation. In fact, from the photographs which your counsel
T
has produced, I can see that there was water inside the main T
hull of the sampan.
U U
CRT12/2.7.2010/KS 1 HCCC156/2010/Sentence
V V
A It was in the hours of darkness that the sampan was A
intercepted in Hong Kong waters. You worked as a painter in
the Mainland, and had no prior seagoing experience or any
B experience of manoeuvring any sampan. B
You are aged 20 and have no previous conviction in Hong
C C
Kong. I have taken into account everything urged on your
behalf. You were in charge of the sampan with no prior
D navigation experience, and the sampan was unseaworthy. D
All things considered, I adopt a starting point of 6 years
E and discount it by a third to arrive at a sentence of E
4 years.
F F
I sentence you to 4 years’ imprisonment.
G G
H H
I I
J J
K K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT12/2.7.2010/KS 2 HCCC156/2010/Sentence
V V