A A
DCCC 744/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 744 OF 2013
C C
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D D
HKSAR
E v E
Zheng Jindong
F F
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G G
Before: Deputy District Judge Longley
Date: 17 September 2013 at 10.43 am
H Present: Ms Lisa Go, PP of the Department of Justice, for HKSAR H
Mr Yiu Kwai-hung, of Rita Law & Co, assigned by the
Director of Legal Aid, for the defendant
I Offence: (1) Attempting to land in Hong Kong without permission I
(未經准許而企圖在香港入境)
J (2) Endangering the safety of others at sea (危害他人在海 J
上的安全)
K K
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L Reasons for Sentence L
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M M
1. Zheng Jindong, you have been convicted on your own
N plea of aiding and abetting the four Pakistani males named in N
Charge 1 to attempt to land in Hong Kong without the permission
O O
of an Immigration officer or Immigration assistant, contrary to
section 38(1)(a) of the Immigration Ordinance; that is Charge 1;
P P
and being the person in charge of a motorised sampan,
Q endangering the safety of those four Pakistani males and other Q
people at sea, contrary to section 72 of the Shipping and Port
R Control Ordinance, Cap 313; that is Charge 2. R
S 2. The four named Pakistani men had travelled from S
Pakistan to Shenzhen intending to enter Hong Kong illegally and
T T
seek asylum here. At around 10 pm on 11 May, they boarded your
sampan and paid someone between $900 and $3,200 each for the
U U
journey to Hong Kong. I have been told by Mr Yiu that you did
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A A
not receive this money directly but would be paid by the person
who collected that money for your services in transporting the
B B
men in your boat to Hong Kong.
C C
3. Just before 3.30 am on 12 May, your sampan was
D detected entering Hong Kong waters with no navigation lights D
displayed, and about 20 minutes later, seven to eight people
E E
were seen jumping off from your sampan. They divided into two
groups. One group consisted of the four Pakistani males in
F F
question, who were arrested. The other group were not arrested,
G and so presumably the prosecution are not in a position to G
determine their immigration status.
H H
4. When you were arrested, you claimed that you were
I I
simply laying down fishing cages to catch fish. Today, however,
you have admitted the truth of what you were doing that night.
J J
K
5. Your vessel was inspected by a senior ship inspector K
of the Marine Department. In addition to the complete absence of
L any navigation lights for night operation, he found that the L
hull and the waterproof integrity of the vessel were in poor
M condition; there was no firefighting equipment in case there had M
been a fire in the engine; there were no lifejackets on board;
N N
and the buoyancy chambers of the vessel had been demolished.
O O
6. The maximum penalty for the offence that is the
P subject of the 1st charge is 3 years’ imprisonment. Courts in P
the past have commented on the low maximum penalty for an
Q offence under this section and contrasted it with the much Q
higher maximum penalty that would have been available had the
R R
passengers been “unauthorised entrants” and therefore liable to
prosecution under section 37D of the Immigration Ordinance.
S S
However, the law remains unchanged.
T T
7. I do not know whether the four Pakistani males in
U question were genuine asylum seekers or simply economic migrants U
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A A
intending to abuse the system. You would not have known either.
You presumably were simply concerned with the money you would
B B
earn by bringing them to Hong Kong. Hong Kong incurs a very
C substantial financial burden in relation to vetting claims and C
supporting those people who claim asylum or make allegations of
D torture. Many of such claims are completely unfounded. D
E E
8. However, I am faced with the maximum term of
imprisonment now provided by the section, and bearing that in
F F
mind, I am of the view that the appropriate starting point on
G Charge 1 is a sentence of 18 months’ imprisonment. G
H 9. Insofar as Charge 2 is concerned, that of endangering H
the safety of others at sea, I bear in mind that there were
I I
seven or eight passengers on board this sampan. I have been told
that if this vessel had been seaworthy and had been licensed in
J J
Hong Kong, it would normally have only been licensed to carry
K
two people. However, I bear in mind that the seven to eight K
people who were passengers on board your sampan appear to have
L been adults; that the vessel does not appear to have been L
travelling at an excessive speed or in heavy seas; and that
M there was no chase or any other attempt to evade capture. M
N N
10. On that offence I also adopt a starting point of
18 months’ imprisonment.
O O
P 11. You have pleaded guilty and are therefore entitled to P
the usual discount of one-third.
Q Q
12. On Charge 1, I sentence you to 12 months’
R R
imprisonment. On Charge 2, I sentence you to 12 months’
imprisonment.
S S
T T
U U
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13. Both sentences are to run consecutively to each other,
which means there is a total sentence of 24 months’
B B
imprisonment.
C C
D D
E E
F F
P.K.M. Longley
Deputy District Judge
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
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