DCCC 441/2010
IN THE DISTRICT COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO. 441 OF 2010
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HKSAR
v
(1) TA QUANG CUONG
(2) NGUYEN VAN HUNG
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Coram: HH Judge S. T. Poon
Date: 13 September 2010
Present: Mr. Trevor Beel, counsel on fiat, for HKSAR.
Mr. Kenneth G. M. Chan instructed by Messrs Leo Cheng &
Co. for 1st Defendant.
Mr. Raymond W. S. Chan instructed by Messrs Yung, Yu
Yuen & Co. for 2nd Defendant.
Offence: (1) Possession of arms without licence, contrary to section
13 of the Firearms and Ammunition Ordinance, Cap.
238. 違反香港法例第 238 章第 13 條, 火器及彈藥條
例,無牌管有槍械或彈藥. (D1)
(2) Possession of arms without licence, contrary to section
13 of the Firearms and Ammunition Ordinance, Cap.
238. 違反香港法例第 238 章第 13 條, 火器及彈藥條
例,無牌管有槍械或彈藥. (D2)
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Reasons for Sentence
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1. The Defendants each pleads guilty to 1 count of Possession of
arms without a licence. The arms concerned for the 1st Defendant are 2
self-loading blank pistols and 1 air gun and that of the 2nd Defendant are 2
air guns.
2. The Defendants are Vietnamese origin working in Prague,
Czechoslovakia. On 4th February 2010, they took the flight back to Hanoi
for Chinese New Year on transit in Hong Kong. The relevant arms are
found by the Hong Kong custom in their respective luggage. They are in
a disassembled state.
3. Both Defendants has a clear record in Hong Kong. The 1st
Defendant is 22 years old. He works in a supermarket in Prague. The 2nd
Defendant is 45 years old. He runs a small restaurant in Prague. Their
family members are also living in Prague.
4. Counsel referred me to some authorities on sentencing similar
offences. Suffice to say is that, there is no tariff for this offence and the
appropriate sentence depends on particular facts.
5. In this case, I accept that the relevant arms are purchased in
Prague and intended for presents to the Defendants’ relatives in Vietnam.
There has been no intention for unlawful use, whether in Hong Kong or
Vietnam, and the offences are committed out of ignorance of Hong Kong
law.
6. On this basis, I adopt a starting point of 9 months’
imprisonment for both charges and because of their plea of guilty, the
sentence is reduced to 6 months. I understand that the Defendants are
kept in custody for 7 months and this sentence means that they can be
immediately released.
S. T. Poon
District Judge