A A
DCCC 803/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 803 OF 2013
C C
----------------------
D D
HKSAR
E v E
Liang Weixian
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 9 October 2013 at 10.34 am
H Present: Ms Janice Cheuk, PP of the Department of Justice, for H
HKSAR
I
Ms Hung Yuk-kwan, of Stevenson, Wong & Co, assigned by I
the Director of Legal Aid, for the defendant
Offence: (1) Attempting to land in Hong Kong without permission
J (未經准許而企圖在香港入境) J
(2) Endangering the safety of others at sea
(危害他人在海上的安全)
K K
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to one offence of
attempting to land in Hong Kong without permission, contrary to
O O
section 38(1)(a) of the Immigration Ordinance, Cap 115,
P section 159G of the Crimes Ordinance, Cap 200, and section 89 of P
the Criminal Procedure Ordinance, Cap 221, and to one offence of
Q endangering the safety of others at sea, contrary to section 72 Q
of the Shipping and Port Control Ordinance, Cap 313.
R R
2. You admitted the Brief Facts, and I convicted you.
S S
What happened is this. On 22 June last at about 5.45 pm, PC4706,
T who was on duty at the radar room on Stonecutters Island, T
noticed an object entering Hong Kong.
U U
CRT31/9.10.2013/KS 1 DCCC 803/2013/Sentence
V V
A 3. Two police vessels were deployed to intercept it. At A
about 5.57 pm, a sampan was intercepted near Lung Kwu Upper
B Beach, Tuen Mun. Sergeant 16783 saw you sitting next to the B
engine as coxswain. You tried to go to the middle of the sampan
C C
as the police approached.
D D
4. Six other people were hiding on board. You are a
E Chinese national; four Pakistanis; and two Bangladeshis. All E
your passengers were male, and none possessed the required Hong
F Kong visas to enter. F
G G
5. You were arrested and cautioned.
H H
6. The six male passengers claimed their lives were in
I
danger in their home countries. They had boarded at 3.30 pm that I
day to come to Hong Kong.
J J
7. In a video-recorded statement under caution later, you
K claimed that your friend, “Ah Mou”, asked you to take someone to K
Hong Kong by sampan for 1,000 Renminbi. You did not know the six
L L
males who entered Hong Kong illegally. You knew how to operate
the sampan as you had been a fisherman for over 10 years.
M M
N 8. There were no life jackets or navigation lights. Later N
examination of the sampan found it to be unseaworthy for three
O reasons: O
P P
(a) there were no fire-fighting appliances;
Q Q
(b) there were no life jackets; and
R R
(c) there were no navigation lights for night-time
S operation. S
T T
9. You are a man of hitherto clear record.
U U
CRT31/9.10.2013/KS 2 DCCC 803/2013/Sentence
V V
A 10. Prior to mitigation, Ms Cheuk informed me that the A
usual starting point for the first offence was approximately
B 27 months, and very fairly, after mitigation had been entered by B
Ms Hung, she informed me that the starting point for the
C C
second charge was now 12 months. Previous authorities had placed
it at 18 months, so that operates very much in your favour.
D D
E 11. On your behalf Ms Hung entered mitigation. She told me E
that you are 36 years of age, married, with three children;
F Form 3 educated; and a fisherman by trade. You earn F
approximately 2,000 Renminbi per month, with a state subsidy of
G G
an additional 1,000 Renminbi. You are the sole breadwinner of
the family. Your mother, who is 60, has had an operation to her
H H
legs which requires money for the medical expenses.
I I
12. You were introduced to “Ah Mou” through a friend, and
J he asked you to sail to Hong Kong by sampan for 1,000 Renminbi. J
He told you that to do so was not a crime, and you believed this
K to be the case. At a later stage, it seems he phoned you to give K
you the location. You attended there, to find the six passengers
L L
already aboard.
M M
13. You came to Hong Kong. You were intercepted, and made
N no attempt to evade or to escape capture. N
O 14. I am told that you are now remorseful for what you O
have done.
P P
15. Ms Hung submitted four authorities for my guidance.
Q Q
With respect, the first two related to a slightly different
R situation, and the second two, relating to the second offence, R
now seem to have been superseded.
S S
16. She concluded her mitigation by asking for leniency
T T
and suggesting that the sentences should be concurrent.
U U
CRT31/9.10.2013/KS 3 DCCC 803/2013/Sentence
V V
A 17. I turn now to the sentence. You are a family man of A
clear record who committed the offence out of financial
B necessity to meet the medical expenses of your mother. I am B
prepared to accept what is said: that you were somewhat naïve in
C C
believing this was not illegal. That, of course, is of limited
mitigation. Upon interception, you were fully co-operative,
D D
making no attempt to escape or to evade. You went on to make
E full and frank confession to the police. E
F 18. The danger to your passengers lay in the lack of life F
jackets and fire-fighting equipment. The danger itself is
G G
self-evident in these circumstances. The lack of night lights
for navigation, whilst serious, is not so relevant given the
H H
time of day at which these offences occurred.
I I
19. Taking all the facts into consideration, the
J mitigation and the sentencing authorities that I have been J
referred to, on Charge 1, I take a starting point of 24 months,
K reduced to 16 months for your plea of guilty; and Charge 2, a K
starting point of 12 months, reduced to 8 months for your plea
L L
of guilty.
M M
20. These, however, will be served consecutively, making a
N total of 2 years. N
O O
P P
Q Q
Tallentire
R District Judge R
S S
T T
U U
CRT31/9.10.2013/KS 4 DCCC 803/2013/Sentence
V V
A A
DCCC 803/2013
B IN THE DISTRICT COURT OF THE B
HONG KONG SPECIAL ADMINISTRATIVE REGION
CRIMINAL CASE NO 803 OF 2013
C C
----------------------
D D
HKSAR
E v E
Liang Weixian
F F
----------------------
G G
Before: HH Judge Tallentire
Date: 9 October 2013 at 10.34 am
H Present: Ms Janice Cheuk, PP of the Department of Justice, for H
HKSAR
I
Ms Hung Yuk-kwan, of Stevenson, Wong & Co, assigned by I
the Director of Legal Aid, for the defendant
Offence: (1) Attempting to land in Hong Kong without permission
J (未經准許而企圖在香港入境) J
(2) Endangering the safety of others at sea
(危害他人在海上的安全)
K K
L --------------------- L
Reasons for Sentence
M M
---------------------
N N
1. Defendant, you have pleaded guilty to one offence of
attempting to land in Hong Kong without permission, contrary to
O O
section 38(1)(a) of the Immigration Ordinance, Cap 115,
P section 159G of the Crimes Ordinance, Cap 200, and section 89 of P
the Criminal Procedure Ordinance, Cap 221, and to one offence of
Q endangering the safety of others at sea, contrary to section 72 Q
of the Shipping and Port Control Ordinance, Cap 313.
R R
2. You admitted the Brief Facts, and I convicted you.
S S
What happened is this. On 22 June last at about 5.45 pm, PC4706,
T who was on duty at the radar room on Stonecutters Island, T
noticed an object entering Hong Kong.
U U
CRT31/9.10.2013/KS 1 DCCC 803/2013/Sentence
V V
A 3. Two police vessels were deployed to intercept it. At A
about 5.57 pm, a sampan was intercepted near Lung Kwu Upper
B Beach, Tuen Mun. Sergeant 16783 saw you sitting next to the B
engine as coxswain. You tried to go to the middle of the sampan
C C
as the police approached.
D D
4. Six other people were hiding on board. You are a
E Chinese national; four Pakistanis; and two Bangladeshis. All E
your passengers were male, and none possessed the required Hong
F Kong visas to enter. F
G G
5. You were arrested and cautioned.
H H
6. The six male passengers claimed their lives were in
I
danger in their home countries. They had boarded at 3.30 pm that I
day to come to Hong Kong.
J J
7. In a video-recorded statement under caution later, you
K claimed that your friend, “Ah Mou”, asked you to take someone to K
Hong Kong by sampan for 1,000 Renminbi. You did not know the six
L L
males who entered Hong Kong illegally. You knew how to operate
the sampan as you had been a fisherman for over 10 years.
M M
N 8. There were no life jackets or navigation lights. Later N
examination of the sampan found it to be unseaworthy for three
O reasons: O
P P
(a) there were no fire-fighting appliances;
Q Q
(b) there were no life jackets; and
R R
(c) there were no navigation lights for night-time
S operation. S
T T
9. You are a man of hitherto clear record.
U U
CRT31/9.10.2013/KS 2 DCCC 803/2013/Sentence
V V
A 10. Prior to mitigation, Ms Cheuk informed me that the A
usual starting point for the first offence was approximately
B 27 months, and very fairly, after mitigation had been entered by B
Ms Hung, she informed me that the starting point for the
C C
second charge was now 12 months. Previous authorities had placed
it at 18 months, so that operates very much in your favour.
D D
E 11. On your behalf Ms Hung entered mitigation. She told me E
that you are 36 years of age, married, with three children;
F Form 3 educated; and a fisherman by trade. You earn F
approximately 2,000 Renminbi per month, with a state subsidy of
G G
an additional 1,000 Renminbi. You are the sole breadwinner of
the family. Your mother, who is 60, has had an operation to her
H H
legs which requires money for the medical expenses.
I I
12. You were introduced to “Ah Mou” through a friend, and
J he asked you to sail to Hong Kong by sampan for 1,000 Renminbi. J
He told you that to do so was not a crime, and you believed this
K to be the case. At a later stage, it seems he phoned you to give K
you the location. You attended there, to find the six passengers
L L
already aboard.
M M
13. You came to Hong Kong. You were intercepted, and made
N no attempt to evade or to escape capture. N
O 14. I am told that you are now remorseful for what you O
have done.
P P
15. Ms Hung submitted four authorities for my guidance.
Q Q
With respect, the first two related to a slightly different
R situation, and the second two, relating to the second offence, R
now seem to have been superseded.
S S
16. She concluded her mitigation by asking for leniency
T T
and suggesting that the sentences should be concurrent.
U U
CRT31/9.10.2013/KS 3 DCCC 803/2013/Sentence
V V
A 17. I turn now to the sentence. You are a family man of A
clear record who committed the offence out of financial
B necessity to meet the medical expenses of your mother. I am B
prepared to accept what is said: that you were somewhat naïve in
C C
believing this was not illegal. That, of course, is of limited
mitigation. Upon interception, you were fully co-operative,
D D
making no attempt to escape or to evade. You went on to make
E full and frank confession to the police. E
F 18. The danger to your passengers lay in the lack of life F
jackets and fire-fighting equipment. The danger itself is
G G
self-evident in these circumstances. The lack of night lights
for navigation, whilst serious, is not so relevant given the
H H
time of day at which these offences occurred.
I I
19. Taking all the facts into consideration, the
J mitigation and the sentencing authorities that I have been J
referred to, on Charge 1, I take a starting point of 24 months,
K reduced to 16 months for your plea of guilty; and Charge 2, a K
starting point of 12 months, reduced to 8 months for your plea
L L
of guilty.
M M
20. These, however, will be served consecutively, making a
N total of 2 years. N
O O
P P
Q Q
Tallentire
R District Judge R
S S
T T
U U
CRT31/9.10.2013/KS 4 DCCC 803/2013/Sentence
V V