DCCC469/2013 HKSAR v. WU YUE-JUN AND ANOTHER - LawHero
DCCC469/2013
HKSAR v. WU YUE-JUN AND ANOTHER
區域法院（刑事）HH Judge Tallentire24/6/2013
DCCC469/2013
A A
DCCC 469/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 469 OF 2013
C C
----------------------
D D
HKSAR
E v E
Wu Yue-jun (D1)
F Huang Jia Le (D2) F
G ---------------------- G
Before: HH Judge Tallentire
H Date: 25 June 2013 at 11.05 am H
Present: Miss Chan Sze-yan, SPP(Ag.) of the Department of
Justice, for HKSAR
I Mr Lo Chi-hung, of Patrick Mak & Tse, assigned by the I
Director of Legal Aid, for the 1st and 2nd defendants
J Offence: (1) Attempting to land in Hong Kong without permission J
(未經准許而企圖在香港入境)
(2) Endangering the safety of others at sea (危害他人在
K K
海上的安全)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendants, each of you have pleaded guilty to a joint
O O
offence of attempting to land in Hong Kong without permission,
contrary to section 38(1)(a) of the Immigration Ordinance,
P P
Cap.115, section 159G of the Crimes Ordinance, Cap.200, and
Q section 89 of the Criminal Procedure Ordinance, Cap.221. You Q
have also pleaded guilty to one offence, which is a joint
R offence, of endangering the safety of others at sea, contrary to R
section 72 of the Shipping and Port Control Ordinance, Cap.313.
S S
2. You admitted the brief facts and I convicted you
T T
3. The facts were as follows.
U U
CRT31/25.6.2013/LT 1 DCCC 469/2013/Sentence
V V
A A
4. At about 9 pm on 7 March of this year the marine
police saw a suspicious sampan entering Hong Kong waters and
B B
heading towards San Shek Wan near Hong Kong International
C Airport at about 9 knots. The police chased it, declared their C
police identity and indicated for it to stop. The sampan ignored
D the police and fled towards the direction of the mainland at D
about 20 knots. You, D1, were identified as the coxswain.
E E
5. During the pursuit, the sampan made sharp turns and
F F
changed its speed suddenly for a number of times so that Police
G Launch 29 had to decelerate to avoid a collision. At about G
9.25 pm on the same day the sampan made a sharp left turn again
H and accelerated sharply. Police Launch 29 tried in vain to avoid H
the sampan. The sampan finally crashed into the right front of
I I
the police launch. Sea water went into the sampan and all the
people on the sampan fell into the sea.
J J
K
6. The police then rescued all five people including both K
of you and the three Pakistani males from the sea. That is
L Charge 1. L
M 7. Upon inquiry, you, D1, stated that D2 bought the M
sampan with you for the purpose of conveying people to Hong
N N
Kong. You, D1, were arrested and cautioned and under caution you
remained silent.
O O
P 8. D2, you stated under inquiry that you bought the P
sampan with D1 for 5,000 renminbi to convey people. At about
Q 6 pm on 7 March of this year you and D1 picked up three South- Q
Asian males in the mainland with the sampan and conveyed them to
R R
Hong Kong. D1 was the coxswain. D2, you were arrested and
cautioned and under caution you remained silent.
S S
T 9. Both of you and the three Pakistani males had no valid T
travel documents.
U U
CRT31/25.6.2013/LT 2 DCCC 469/2013/Sentence
V V
A A
10. In a subsequent video recorded interview, D1, you
admitted inter alia the following under caution, that you:
B B
C (1) were the coxswain of the sampan; C
D (2) you had paid 5,000 renminbi to buy the sampan; D
E E
(3) D2 paid the remaining 5,000 renminbi for the
sampan;
F F
G (4) at 5 pm on 7 March a friend called you and asked G
you to convey three people to Hong Kong;
H H
(5) therefore, at 6 pm on the same day you picked up
I I
three Pakistani males who had been arrested by the
police and conveyed them to Hong Kong;
J J
K
(6) the sampan had no navigation light or compass; K
L (7) you had received no training in navigation; L
M (8) you fled when the police launch chased after you; M
and
N N
(9) the sampan was not registered.
O O
P 11. D2, in a subsequent video recorded interview, under P
caution you admitted the following:
Q Q
(1) you owned the sampan with D1;
R R
(2) D1 was the coxswain;
S S
T (3) at the material time, D1 told you that someone T
requested you to convey three Pakistani males to
U Hong Kong; and U
CRT31/25.6.2013/LT 3 DCCC 469/2013/Sentence
V V
A A
(4) you acted as lookout for D1.
B B
C 12. The sampan was later examined by the Marine Department C
and was found to be unseaworthy. The main hull structure was
D found to be in poor condition. There were no fire fighting D
appliances, life saving appliances and navigation lights. There
E E
was also damage to the vehicle which was a result of the
accident.
F F
G 13. At the material time the wind speed was about G
9 kilometres per hour and the visibility about 16 kilometres.
H H
14. Each of you are of clear record in Hong Kong.
I I
15. Prior to Mr Lo entering mitigation on your behalf,
J J
Miss Chan put before me two sentencing authorities: HKSAR v Tse
K
Chi Hei, CACC 393/2009. That related, as I understand it, to the K
first offence and was authority for a starting point being
L approved of some 27 months’ imprisonment in similar L
circumstances where persons were being conveyed. The second
M authority was that of HKSAR v Tang Zhuyan, CACC 223/2010, and M
that was in respect of the second matter.
N N
16. Mr Lo then entered mitigation on your behalves. First
O O
of all, dealing with you, D1, he told me that you are 40 years
P of age, married, with a son of 12, and you have a mother of 76. P
You are the sole breadwinner of the family, earning as a
Q fisherman approximately 2,500 renminbi per month. D2, you are Q
28, also a fisherman, earning 4,000 renminbi per month. You have
R R
to care for your parents and your brother. He told me that in
respect of you, D2, some 10 years or so ago you injured your
S S
hand permanently whilst rescuing someone from the water; that
T neither of you have been able to convey to your family your T
whereabouts and positions so they must be extremely worried
U about you. U
CRT31/25.6.2013/LT 4 DCCC 469/2013/Sentence
V V
A A
17. Both of you have pleaded guilty and are of clear
B B
record. You were genuinely remorseful for the act that
C endangered the lives of the police officers by fleeing; the C
offence was committed in the hope of earning quick money. In
D respect to that offence, Mr Lo said the boat itself was not D
entirely dilapidated, there was no one that was extremely
E E
elderly nor someone very young involved. There was also no
question of confining people into hiding spaces which were
F F
confined.
G G
18. He referred me to three sentencing authorities,
H perhaps the most relevant being HKSAR v Tseung Yim Kwan, H
CACC 531/2005. As I understand it, the Court of Appeal approved
I I
of a starting point of 18 months for a similar offence to
Charge 1. However, this did seem to simply involve the applicant
J J
himself. That was not related to the aiding and abetting the
K
entry of others. K
L 19. I turn now to the sentence. L
M 20. These are of course crimes of some seriousness. Both M
of you I do note are of clear record, both of you have pleaded
N N
guilty, and both of you were entirely co-operative with the
police upon arrest.
O O
P 21. In respect of the second charge, I intend to hold you P
both jointly responsible and sentence you in the same way even
Q though D1 was the coxswain. The attempt to flee and the Q
manoeuvres used could have resulted in a tragedy, both for the
R R
entrants and for the police. Both of you and your passengers
finished up in the sea and had to be rescued. It is of some
S S
mitigation that the three Pakistanis were not confined in a
T space where they would have found it difficult to escape from. I T
do note that you are men who have family responsibilities.
U U
CRT31/25.6.2013/LT 5 DCCC 469/2013/Sentence
V V
A A
22. In short, I have taken into account all the facts and
all the mitigation advanced.
B B
C 23. Charge 1 is slightly aggravated by the presence of the C
three extra people. I therefore take as a starting point
D 2 years’ imprisonment reduced to 16 months. D
E E
24. Charge 2, taking into account all matters, I take a
starting point of 12 months reduced to 8 months.
F F
G 25. These will be served consecutively, making a total of G
24 months’ imprisonment.
H H
I I
J J
Tallentire
K District Judge K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/25.6.2013/LT 6 DCCC 469/2013/Sentence
V V
A A
DCCC 469/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 469 OF 2013
C C
----------------------
D D
HKSAR
E v E
Wu Yue-jun (D1)
F Huang Jia Le (D2) F
G ---------------------- G
Before: HH Judge Tallentire
H Date: 25 June 2013 at 11.05 am H
Present: Miss Chan Sze-yan, SPP(Ag.) of the Department of
Justice, for HKSAR
I Mr Lo Chi-hung, of Patrick Mak & Tse, assigned by the I
Director of Legal Aid, for the 1st and 2nd defendants
J Offence: (1) Attempting to land in Hong Kong without permission J
(未經准許而企圖在香港入境)
(2) Endangering the safety of others at sea (危害他人在
K K
海上的安全)
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendants, each of you have pleaded guilty to a joint
O O
offence of attempting to land in Hong Kong without permission,
contrary to section 38(1)(a) of the Immigration Ordinance,
P P
Cap.115, section 159G of the Crimes Ordinance, Cap.200, and
Q section 89 of the Criminal Procedure Ordinance, Cap.221. You Q
have also pleaded guilty to one offence, which is a joint
R offence, of endangering the safety of others at sea, contrary to R
section 72 of the Shipping and Port Control Ordinance, Cap.313.
S S
2. You admitted the brief facts and I convicted you
T T
3. The facts were as follows.
U U
CRT31/25.6.2013/LT 1 DCCC 469/2013/Sentence
V V
A A
4. At about 9 pm on 7 March of this year the marine
police saw a suspicious sampan entering Hong Kong waters and
B B
heading towards San Shek Wan near Hong Kong International
C Airport at about 9 knots. The police chased it, declared their C
police identity and indicated for it to stop. The sampan ignored
D the police and fled towards the direction of the mainland at D
about 20 knots. You, D1, were identified as the coxswain.
E E
5. During the pursuit, the sampan made sharp turns and
F F
changed its speed suddenly for a number of times so that Police
G Launch 29 had to decelerate to avoid a collision. At about G
9.25 pm on the same day the sampan made a sharp left turn again
H and accelerated sharply. Police Launch 29 tried in vain to avoid H
the sampan. The sampan finally crashed into the right front of
I I
the police launch. Sea water went into the sampan and all the
people on the sampan fell into the sea.
J J
K
6. The police then rescued all five people including both K
of you and the three Pakistani males from the sea. That is
L Charge 1. L
M 7. Upon inquiry, you, D1, stated that D2 bought the M
sampan with you for the purpose of conveying people to Hong
N N
Kong. You, D1, were arrested and cautioned and under caution you
remained silent.
O O
P 8. D2, you stated under inquiry that you bought the P
sampan with D1 for 5,000 renminbi to convey people. At about
Q 6 pm on 7 March of this year you and D1 picked up three South- Q
Asian males in the mainland with the sampan and conveyed them to
R R
Hong Kong. D1 was the coxswain. D2, you were arrested and
cautioned and under caution you remained silent.
S S
T 9. Both of you and the three Pakistani males had no valid T
travel documents.
U U
CRT31/25.6.2013/LT 2 DCCC 469/2013/Sentence
V V
A A
10. In a subsequent video recorded interview, D1, you
admitted inter alia the following under caution, that you:
B B
C (1) were the coxswain of the sampan; C
D (2) you had paid 5,000 renminbi to buy the sampan; D
E E
(3) D2 paid the remaining 5,000 renminbi for the
sampan;
F F
G (4) at 5 pm on 7 March a friend called you and asked G
you to convey three people to Hong Kong;
H H
(5) therefore, at 6 pm on the same day you picked up
I I
three Pakistani males who had been arrested by the
police and conveyed them to Hong Kong;
J J
K
(6) the sampan had no navigation light or compass; K
L (7) you had received no training in navigation; L
M (8) you fled when the police launch chased after you; M
and
N N
(9) the sampan was not registered.
O O
P 11. D2, in a subsequent video recorded interview, under P
caution you admitted the following:
Q Q
(1) you owned the sampan with D1;
R R
(2) D1 was the coxswain;
S S
T (3) at the material time, D1 told you that someone T
requested you to convey three Pakistani males to
U Hong Kong; and U
CRT31/25.6.2013/LT 3 DCCC 469/2013/Sentence
V V
A A
(4) you acted as lookout for D1.
B B
C 12. The sampan was later examined by the Marine Department C
and was found to be unseaworthy. The main hull structure was
D found to be in poor condition. There were no fire fighting D
appliances, life saving appliances and navigation lights. There
E E
was also damage to the vehicle which was a result of the
accident.
F F
G 13. At the material time the wind speed was about G
9 kilometres per hour and the visibility about 16 kilometres.
H H
14. Each of you are of clear record in Hong Kong.
I I
15. Prior to Mr Lo entering mitigation on your behalf,
J J
Miss Chan put before me two sentencing authorities: HKSAR v Tse
K
Chi Hei, CACC 393/2009. That related, as I understand it, to the K
first offence and was authority for a starting point being
L approved of some 27 months’ imprisonment in similar L
circumstances where persons were being conveyed. The second
M authority was that of HKSAR v Tang Zhuyan, CACC 223/2010, and M
that was in respect of the second matter.
N N
16. Mr Lo then entered mitigation on your behalves. First
O O
of all, dealing with you, D1, he told me that you are 40 years
P of age, married, with a son of 12, and you have a mother of 76. P
You are the sole breadwinner of the family, earning as a
Q fisherman approximately 2,500 renminbi per month. D2, you are Q
28, also a fisherman, earning 4,000 renminbi per month. You have
R R
to care for your parents and your brother. He told me that in
respect of you, D2, some 10 years or so ago you injured your
S S
hand permanently whilst rescuing someone from the water; that
T neither of you have been able to convey to your family your T
whereabouts and positions so they must be extremely worried
U about you. U
CRT31/25.6.2013/LT 4 DCCC 469/2013/Sentence
V V
A A
17. Both of you have pleaded guilty and are of clear
B B
record. You were genuinely remorseful for the act that
C endangered the lives of the police officers by fleeing; the C
offence was committed in the hope of earning quick money. In
D respect to that offence, Mr Lo said the boat itself was not D
entirely dilapidated, there was no one that was extremely
E E
elderly nor someone very young involved. There was also no
question of confining people into hiding spaces which were
F F
confined.
G G
18. He referred me to three sentencing authorities,
H perhaps the most relevant being HKSAR v Tseung Yim Kwan, H
CACC 531/2005. As I understand it, the Court of Appeal approved
I I
of a starting point of 18 months for a similar offence to
Charge 1. However, this did seem to simply involve the applicant
J J
himself. That was not related to the aiding and abetting the
K
entry of others. K
L 19. I turn now to the sentence. L
M 20. These are of course crimes of some seriousness. Both M
of you I do note are of clear record, both of you have pleaded
N N
guilty, and both of you were entirely co-operative with the
police upon arrest.
O O
P 21. In respect of the second charge, I intend to hold you P
both jointly responsible and sentence you in the same way even
Q though D1 was the coxswain. The attempt to flee and the Q
manoeuvres used could have resulted in a tragedy, both for the
R R
entrants and for the police. Both of you and your passengers
finished up in the sea and had to be rescued. It is of some
S S
mitigation that the three Pakistanis were not confined in a
T space where they would have found it difficult to escape from. I T
do note that you are men who have family responsibilities.
U U
CRT31/25.6.2013/LT 5 DCCC 469/2013/Sentence
V V
A A
22. In short, I have taken into account all the facts and
all the mitigation advanced.
B B
C 23. Charge 1 is slightly aggravated by the presence of the C
three extra people. I therefore take as a starting point
D 2 years’ imprisonment reduced to 16 months. D
E E
24. Charge 2, taking into account all matters, I take a
starting point of 12 months reduced to 8 months.
F F
G 25. These will be served consecutively, making a total of G
24 months’ imprisonment.
H H
I I
J J
Tallentire
K District Judge K
L L
M M
N N
O O
P P
Q Q
R R
S S
T T
U U
CRT31/25.6.2013/LT 6 DCCC 469/2013/Sentence
V V